News & Analysis as of

Patent Invalidity Motion for Summary Judgment

Rothwell, Figg, Ernst & Manbeck, P.C.

“AI-Related” Chip Patents - 1.6 Billion Reasons Why Google May Have Agreed to Settle

Recent headlines have focused on the $1.6 billion damages claim and Google’s possible exposure in Singular Computing’s patent infringement lawsuit involving Google’s “AI-related” chips. $1.6 billion is certainly not chump...more

AEON Law

Patent Poetry: Definitions in Patent Incorporated by Reference Don’t Invalidate Patent

AEON Law on

The Federal Circuit has ruled that the definition of a claim term in a patent incorporated by reference into the patent at issue doesn’t limit the claims in the patent at issue. In Finjan LLC v. ESET, LLC, Finjan sued...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions: John Bean Techs. Corp. v. Morris & Assocs., Inc.,...

This case was the second opinion in a patent dispute saga between two poultry processing competitors over patented poultry chilling technology. See John Bean Tech. Corp. v. Morris & Associates, Inc., 887 F.3d 1322 (Fed. Cir....more

Smart & Biggar

Ontario Superior Court dismisses Apotex’s Statutes of Monopolies claims regarding sildenafil

Smart & Biggar on

On September 27, 2021, the Ontario Superior Court of Justice granted Pfizer’s motion for summary judgment and dismissed Apotex’s claims for treble damages and double costs under the Ontario and English Statutes of Monopolies,...more

Knobbe Martens

Recoupment of Monetary Investment Is Not the Only Consideration for Equitable Intervening Rights

Knobbe Martens on

JOHN BEAN TECHNOLOGIES CORP. v. MORRIS & ASSOCIATES, INC. Before, Lourie, Reyna, and Wallach. Appeal from the U.S. District Court for the Eastern District of Arkansas - Summary: Recoupment of monetary investment is not...more

Akin Gump Strauss Hauer & Feld LLP

No IPR Estoppel Despite Purportedly “Gratuitous” Inclusion of Physical Device in Invalidity Defenses

A district court has ruled that the statutory estoppel arising from an inter partes review (IPR) proceeding does not apply to anticipation and obviousness defenses that rely significantly on a physical device. The court also...more

Akin Gump Strauss Hauer & Feld LLP

District Court Rejects Plaintiff’s Bid to Extend IPR Estoppel to Institution Denials

A federal judge in the Northern District of California recently rejected an argument that would have expanded inter partes review (IPR) estoppel seemingly beyond the plain reading of 35 U.S.C. § 315(e)(2). The plaintiff had...more

Akin Gump Strauss Hauer & Feld LLP

Patent Infringement Suit Against Product Manufacturer Partially Doomed by Prior Suit Against Component Supplier

Chief Judge Saris of the District of Massachusetts has granted-in-part a product manufacturer’s motion seeking summary judgment of claim preclusion based on patentee’s prior assertion of the same patent against a component...more

Fish & Richardson

EDTX & NDTX Monthly Wrap-Up – November 2019

Fish & Richardson on

This post summarizes two interesting opinions out of the Eastern and Northern Districts of Texas in November 2019. Music Choice v. Stingray Dig. Grp. Inc.: What qualifies as sufficient disclosure of an expert’s...more

Knobbe Martens

Federal Circuit Review - October 2019

Knobbe Martens on

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

Mintz - Intellectual Property Viewpoints

Collateral estoppel does not attach to PTAB invalidity determination pending appeal

Recently, in Sanofi-Aventis v. Mylan, 2:17-cv-09105-SRC-CLW, Judge Stanley Chesler of the United States District Court, District of New Jersey, denied a motion by defendant Mylan for summary judgment of invalidity of asserted...more

Knobbe Martens

Federal Circuit Review - July 2019

Knobbe Martens on

Broad Claim Language and Unpredictability in the Art Lead to Non-Enablement - In Enzo Life Sciences, Inc. v.  Roche Molecular Systems, Inc., Appeal Nos. 2017-2498, -2499, -2545, -2546, broad patent claims were invalid as...more

Fox Rothschild LLP

Judge Connolly Grants Defendants’ Motion For Summary Judgment Of Indefiniteness Declaring Patent-In-Suit Invalid

Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Colm F. Connolly in HIP, Inc. v. Hormel Foods Corp. et al., Civil Action No. 18-1615-CFC (D.Del. June 24, 2019), the Court granted Defendants Motion for Summary Judgment of...more

Knobbe Martens

Federal Circuit Review - April 2019

Knobbe Martens on

Just Because Something May Result From a Prior Art Teaching Does Not Make it Inherent in that Teaching - In Personal Web Technologies, LLC v. Apple, Inc., Appeal No. 2018-1599, the Federal Circuit clarified that the mere...more

Mintz - Intellectual Property Viewpoints

Collateral Estoppel Bars Assertion of Patent Claims That Do Not “Materially Alter the Question of Invalidity” Relative to Claims...

On April 4, 2019, Chief Judge Patti Saris of the United States District Court for the District of Massachusetts held in Intellectual Ventures I, LLC v. Lenovo Group Ltd. that a final determination of invalidity in inter...more

Goodwin

Motion For Summary Judgement of Invalidity Denied in Praluent® Litigation

Goodwin on

On January 18, 2019, in Amgen v. Sanofi, the ongoing litigation concerning Sanofi and Regeneron’s Praluent® (alirocumab) product, Judge Andrews of the District of Delaware denied Sanofi’s motion for summary judgment that the...more

Akin Gump Strauss Hauer & Feld LLP

Estoppel Applies to “Known or Used” Prior Art if PTAB Considered Corresponding Written References

A district court in California has granted-in-part a Plaintiff’s motion for summary judgment of no invalidity under 35 U.S.C. § 103 due to inter partes review (IPR) estoppel. During the pendency of the litigation, Defendants...more

Proskauer - New England IP Blog

Court Sends Networking Patent Inventorship Dispute to Bench Trial

In order to qualify as an inventor on a U.S. patent, a person must contribute to the conception of the invention as embodied in one or more of the claims—merely building or implementing the already-conceived technology is not...more

Smart & Biggar

Apotex not permitted to plead promise-based invalidity grounds in Ontario section 8 lansoprazole action

Smart & Biggar on

This motion arose in the context of a section 8 action in which Apotex claims damages for delay in the issuance of its notice of compliance for its generic lansoprazole product (Takeda's PREVACID), due to prohibition...more

Knobbe Martens

Federal Circuit Review - September 2018

Knobbe Martens on

Federal Circuit Finds Claims Issued from Reexamination Co-Pending with Appeal Ineligible Where the Changes Did Not Affect Section 101 Eligibility - In SAP AMERICA, Inc. v. InvestPic, LLC, Appeal No. 2017-2081, the...more

Knobbe Martens

BSG Tech LLC v. BuySeasons, Inc.

Knobbe Martens on

Federal Circuit Summary - Before Reyna, Wallach, and Hughes. Appeal from the District Court for the Eastern District of Texas. Summary: When the only unconventional feature of the patent claim is what has already been...more

Akin Gump Strauss Hauer & Feld LLP

Accused Infringer Estopped from Asserting Prior Art Disclosed in Invalidity Contentions

In an order issued on April 4, 2018, Judge Lynn granted plaintiff ZitoVault’s motion for summary judgment under 35 U.S.C. 315(e)(2), holding that defendant IBM is estopped from asserting invalidity defenses based on prior art...more

Proskauer - New England IP Blog

Cold to Mootness Challenge, But Warm to Inequitable Conduct Defenses

In a recent opinion from the District of Massachusetts, Judge Woodlock provided a reading on the mootness of an inequitable conduct counterclaim, where the asserted claims of the thermometer patent at issue were previously...more

Jones Day

Asserted Claims Found Indefinite in Electrical Connectors Investigation

Jones Day on

In a recently issued claim construction order, Chief Administrative Law Judge Bullock held that terms included in all asserted claims are indefinite. He accordingly found the asserted claims invalid, stayed the Investigation,...more

Knobbe Martens

Multi-level Encryption Patent Survives § 101 Challenge in District Court

Knobbe Martens on

On May 23, 2017, the District Court for the Eastern District of Virginia (“District Court”) denied a motion for summary judgment that the patent claims asserted in a lawsuit brought by TecSec, Inc. (“TecSec”) are invalid...more

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