News & Analysis as of

Patent Invalidity JMOL

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: March 2023

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March's Texas Patent Litigation Monthly Wrap-Up covers decisions addressing post-verdict JMOL, the point at which cases become exceptional, and the standard for amending invalidity contentions, among other issues....more

McDermott Will & Emery

Footnote Doesn’t Preserve Claim Construction Argument, but Patent Owner Must Observe “Nose of Wax” Principle

The US Court of Appeals for the Federal Circuit rejected an insufficiently developed claim construction challenge and found noninfringement where the patentee argued that a key feature shared by the accused device and the...more

McDermott Will & Emery

Broad Genus of HCV Compounds Wasn’t Enabled or Described

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In a case relating to compounds for the treatment of the Hepatitis C virus (HCV), the US Court of Appeals for the Federal Circuit upheld a district court’s grant of judgment as a matter of law (JMOL) for lack of enablement...more

Knobbe Martens

Federal Circuit Review - October 2019

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The PTAB Cannot Approve or Deny Certificates of Correction - In Honeywell International, Inc. v. Arkema Inc., Arkema France, Appeal Nos. 2018-1151, -1153, the Patent Trial and Appeal Board (“Board”) does not have the...more

Knobbe Martens

Federal Circuit Review | May 2017

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Federal Circuit Affirms Different Invalidity Results at PTAB and District Court - In Novartis AG v. Noven Pharmaceuticals Inc., Appeal Nos. 2016-1678, 2016-1679, the Federal Circuit held that prior judicial opinions...more

Morris James LLP

Jury Verdict Is Upheld In Post-Trial Proceedings

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A 10-day trial took place beginning January 26, 2015 resulting in a finding of infringement, no invalidity and an $8 million damages award. Two of the three patents-in-suit were held invalid after trial due to unpatentable...more

McDermott Will & Emery

Multiplying Claim Requirements After Trial Makes Things Impermissibly Complex (Wi-LAN, Inc. v. Apple, Inc.)

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After a jury found non-infringement and invalidity of two asserted patent claims, the U.S. Court of Appeals for the Federal Circuit affirmed the district court’s denial of the patent owner’s judgment as a matter of law (JMOL)...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - January 2016

SUPREME AND FEDERAL COURT CASES - U.S. Supreme Court Denies Writ to Overturn Application of the Kessler Doctrine - The U.S. Supreme Court denied software developer’s SpeedTrack writ to overturn the Federal...more

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