News & Analysis as of

Patent Invalidity Patent-in-Suit

WilmerHale

Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness as “Improperly Rigid”

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Precedential and Key Federal Circuit Opinions - LKQ CORPORATION v. GM GLOBAL TECHNOLOGY OPERATIONS LLC [OPINION] (2021-2348, 5/21/24) Moore, Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, and Stark - Stoll,...more

Robins Kaplan LLP

Vanda Pharms., Inc. v. Teva Pharms. USA, Inc.

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Case Name: Vanda Pharms., Inc. v. Teva Pharms. USA, Inc., Civ. No. 18-651-CFC, 2022 WL 17593282 (Dec. 13, 2022) (Connolly, J.)  Drug Product and Patent(s)-in-Suit: Hetlioz® (tasimelteon); U.S. Patents Nos. RE46,604 (“the ’604...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - December 2022 #4

Mosaic Brands, Inc. v. Ridge Wallet LLC, Appeal Nos. 2022-1001, -1002 (Fed. Cir. Dec. 20, 2022) - In our Case of the Week, the Federal Circuit discussed the corroboration requirement concerning the amount of evidence...more

Goldberg Segalla

Federal Circuit Clarifies IPR Estoppel and Vacates $1.1 Billion Verdict in Favor of Caltech Due to Improper Damages Theory

Goldberg Segalla on

On February 4, 2022, the Federal Circuit clarified that IPR estoppel extends to all claims and invalidity grounds that the petitioner could have reasonably asserted in its IPR petition. ...more

Patterson Belknap Webb & Tyler LLP

Judge Gardephe Gives Bytemark a Second Bite Against Xerox

On January 10, 2022, U.S. District Court Judge Paul G. Gardephe (S.D.N.Y.) granted Plaintiff Bytemark, Inc’s (“Bytemark”) motion for leave to file a third amended complaint, asserting two new patents after the prior...more

Mintz - Intellectual Property Viewpoints

Best Practices for Clearances and Opinions

Last week, Mintz Member Lisa Adams moderated a panel discussion between in-house attorneys that covered best practices for conducting patent clearances and obtaining non-infringement and invalidity opinions. The panel...more

Fox Rothschild LLP

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

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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

Endo Pharmaceuticals Solutions v. Custopharm Inc.

Knobbe Martens on

Federal Circuit Summary - Before Moore, Linn, and Chen. Appeal from the United States District Court for the District of Delaware. Summary: A prior art reference does not inherently disclose the elements of a claim...more

Knobbe Martens

XY, LLC v. Trans Ova Genetics, L.C.

Knobbe Martens on

Federal Circuit Summaries - Before Newman, Dyk, and Chen. Appeal from the District of Colorado. Summary: (1) The Federal Circuit’s separate affirmance of a PTAB decision that a patent in suit is invalid renders an...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad: EPO Guidance on the Therapeutic Methods Exclusion

The therapeutic methods exclusion is often problematic to navigate. In T 0699/12, the Technical Board of Appeal (TBA) of the European Patent Office (EPO) has provided some useful guidance on its application. In an...more

Dickinson Wright

Federal Circuit Clarifies Post-America Invents Act “On-Sale” Bar Based on Publicly Announced Sale Agreements: Invalidates Four...

Dickinson Wright on

On May 1st, the Federal Circuit ruled that the America Invents Act (AIA) did not change the statutory meaning of “on sale” where the existence of a sale was publicly announced prior to patenting, even if the sale did not...more

Morris James LLP

Asserted Claims Are Not Anticipated But Are Obvious

Morris James LLP on

The disputed technology relates to ethinyl estradiol and etonogestral vaginal ring used for contraception. The bench trial took place from January 19 through 22, 2016. The asserted claims are not invalid due to anticipation....more

Fish & Richardson

Janssen Continues BPCIA Litigation Against Celltrion But Eyes New Target

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Janssen’s suit against Celltrion in the District of Massachusetts (C.A. No. 1:15-cv-10698) is one of the few currently pending litigations related to biosimilars and the BPCIA. To date, the litigation has focused on three...more

Knobbe Martens

Federal Circuit Review | May 2016

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Federal Circuit Construes Claim Term in a Manner that Rendered Claim Language Superfluous - In SimpleAir, Inc. v. Sony Ericsson Mobile Commc’ns AB, Appeal No. 2015-1251, the Federal Circuit vacated the district court’s...more

Patterson Belknap Webb & Tyler LLP

Judge Bianco Holds EasyWeb’s “Publishing Patent” Is Not Infringed Even Though It Broadly Claims an Abstract Idea

On March 30, 2016, District Court Judge Joseph F. Bianco granted defendant Twitter Inc.’s (“Twitter”) motions for summary judgment of invalidity and non-infringement against plaintiff EasyWeb Innovations, LLC (“EasyWeb”),...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

Morris James LLP

Court Has Jurisdiction In Declaratory Judgment Action.

Morris James LLP on

Robinson, J. Defendant’s motion to dismiss for lack of subject matter jurisdiction is denied. This is a declaratory judgment action on non-infringement and invalidity of the patent-in-suit. Defendant is an NPE. It had...more

Morris James LLP

Judgment On The Pleadings Is Granted Due To Unpatentable Claims

Morris James LLP on

The disputed patent describes a method and system for processing payments for remotely purchased goods. Defendant claims the patent is invalid because the claims at issue embody the abstract idea of paying for remote orders...more

Morris James LLP

Asserted Claims In ANDA Case Are Invalid Due To Obviousness

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This ANDA case concerns generic versions of bortezomib, marketed as Velcade® and used to treat multiple myeloma and mantle cell lymphoma. One prior art patent identifies bortezomib as a potent anti-cancer drug. The parties...more

Morris James LLP

Gaming Method Patent Is Held Invalid On Motion To Dismiss

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Defendant claims the patent-in-suit claims ineligible subject matter and is therefore invalid under § 101. The invention uses computer technology for promotional gaming methods. Applying the 2-step Alice step, The court...more

Locke Lord LLP

Federal Circuit Provides Plain Language Test for Analogous Art

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Whether or not a prior art reference constitutes “analogous art” for purposes of an obviousness inquiry under 35 U.S.C. § 103 has been the subject of debate in many instances. On July 28, 2015, the Federal Circuit, in Circuit...more

Knobbe Martens

Federal Circuit Review | July 2015

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Nunc Pro Tunc Assignments Insufficient To Confer Retroactive Standing - In ALPS SOUTH, LLC v. OHIO WILLOW WOOD CO., Appeal Nos. 2013-1452, 2013-1488, 2014-1147, and 2014-1426, the Federal Circuit reversed the denial of a...more

Akin Gump Strauss Hauer & Feld LLP

Good Faith Belief of a Patent's Invalidity Not a Defense to Induced Infringement

On May 26, 2015, the Supreme Court held in Commil USA, LLC v. Cisco Sys, Inc. that a defendant’s good-faith belief in the invalidity of the patent-in-suit is not a defense to induced infringement under 35 U.S.C. § 271(b)....more

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