News & Analysis as of

Patent Litigation

ITC Affirms Termination of Investigation Based on Expiration of Patent

by Jones Day on

The U.S. International Trade Commission (“ITC”) terminated Investigation No. 337-TA-1094 based on actual expiration of the asserted patent at issue. Upon a review of the Initial Determination (“ID”), the Commission determined...more

Is the Federal Circuit’s Holding that the Presumption Against Extraterritoriality Making Unavailable Damages Based on a Patentee’s...

by Womble Bond Dickinson on

Case at a Glance: The Court will consider whether the text of 35 U.S.C. § 271(f) imposes liability on those supplying from the United States components of a patented invention “in such a manner as to actively induce the...more

The Federal Circuit Addresses Patent Eligibility of Methods of Treatment For First Time Post-Mayo

by K&L Gates LLP on

Introduction - On April 13, 2018, the U.S. Court of Appeals for the Federal Circuit in Vanda Pharmaceuticals affirmed a district court decision regarding patent eligibility under 35 U.S.C. § 101 of a method of treatment. ...more

In Rare Decision, PTAB Grants Request for Rehearing, Reverses its Prior Decision, and Institutes IPR

Requests for rehearing at the Patent Trial and Appeal Board (the “Board”) are not uncommon; however, the Board rarely grants them. One reason for this result is the high standard applied to reverse a prior decision—abuse of...more

Another § 101 Motion Bites The Dust: Existence Of Potential Factual Determinations Precludes Motion To Dismiss

by Orrick - IP Landscape on

Order Denying Defendant’s Motion to Dismiss Plaintiff’s First Amended Complaint, Sound View Innovations, LLC v. Hulu, LLC, C.D. Cal. (April 11, 2018) (Judge John A. Kronstadt) - Following on the heels of the Federal...more

Our Attention is Now Directed To: “Directed To”

by Fenwick & West LLP on

My last post focused on definitions for the terms “well-understood,” “routine,” and “conventional”—or W-URC—from the subject matter eligibility test set forth in Mayo and further described in Alice. Those terms relate to one...more

Enforcing IP Rights In China: A Road Map For US Companies

by WilmerHale on

The United States loses between $225 and $600 billion each year due to misappropriation of intellectual property — an estimated 50-80 percent of which has been attributed to China. While Chinese officials have taken steps to...more

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

Ribbon Communications Files Two More Lawsuits against Metaswitch In Ongoing Patent Battle

Cloud competitor cases are definitely on the rise over the past year. We’ve seen patent infringement lawsuits from established cloud players such as Symantec, BMC Software and Citrix against their emerging cloud competition,...more

Fresh From the Bench: Latest Federal Circuit Court Cases

In an ANDA applicant’s appeal from a bench trial judgment of validity and infringement, the Court affirmed the district court’s judgment on all counts. The case presented unusual procedural circumstances in a Hatch-Waxman...more

PTAB Institutes IPR Despite Petitioner’s Prior Invalidity Challenge in Declaratory Judgment Action, Citing “Unambiguous Language”...

On August 1, 2016, Canfield Scientific, Inc. filed a civil action in the District of New Jersey against Melanoscan, LLC, seeking a declaratory judgment of non-infringement of U.S. Patent No. 7,359,748 (“the ’748 Patent”). In...more

Federal Circuit Upholds Vanda Fanapt Personalized Method Claims Against Patent Eligibility Challenge

by Foley & Lardner LLP on

In Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals Int’l Ltd., a divided panel of the Federal Circuit upheld Vanda’s personalized method of treatment claims relating to its Fanapt® (iloperidone) product against a...more

The Facts in the “Abstract”

by Jackson Walker on

“We demand rigidly defined areas of doubt and uncertainty!” -Douglas Adams, Hitchhiker’s Guide to the Galaxy It seems that Douglas Adams has a great many fans in the universe of IP law. While he almost...more

Patent Office Director Pledges Improvements to U.S. Patents

In a speech this week to the US Chamber of Commerce, the newly appointed head of the U.S. Patent and Trademark Office, Andrei Iancu, expressed his concern over the current state of the U.S. patent system, and pledged to make...more

Judge Sleet Issues Markman Order In Infringement Action Construing Three (3) Disputed Terms In Patents-In-Suit

by Fox Rothschild LLP on

By Order entered by The Honorable Gregory M. Sleet in Alarm.com, Inc., et al. v. Securenet Technologies, Civil Action No. 15-807-GMS (D.Del. April 6, 2018), the Court rendered its Markman ruling construing three (3) disputed...more

In Re: Power Integrations, Inc.

by Workman Nydegger on

The broadest reasonable interpretation of a claim term cannot be uncoupled from the specification or render the term meaningless in the claim...more

Judge Oetken Lifts Stay on 1 of 5 IPR’ed Patents

On April 5, 2018, Judge Oetken (S.D.N.Y.) granted Plaintiff Rovi Guides Inc.’s (“Rovi”) motion to lift a stay related to U.S. Patent No. 8,122,034 (“the ’034 patent”), only one of five patents at issue in a case that was...more

The USPTO May Intervene on an Appeal in Its Own Right

In Knowles Elecs. LLC v. Iancu, No. 2016-1954 (Fed. Cir. April 6, 2018), the Federal Circuit affirmed a PTAB decision in an inter partes reexamination, which affirmed the examiner’s findings that the claims of U.S. Patent No....more

Three Point Shot - March 2018

by Proskauer Rose LLP on

Can a High School Football Coach Say a Hail Mary after a Hail Mary? High school football coach Joseph Kennedy was not instructing his quarterback to take a knee in victory formation to run down the clock. Instead, in an...more

WesternGeco LLC v. ION Geophysical Corp.: Supreme Court to Determine Lost Profits Damages Arising from Patent Infringement:...

Q: Could you explain the significance of the upcoming Supreme Court case WesternGeco LLC v. ION Geophysical Corp.? Ronald E. Cahill: WesternGeco will address extraterritorial reach and a specific type of infringement under...more

It’s 2018: The Impact Of IP Decisions From 2017

by Ladas & Parry LLP on

2017 saw a bumper crop of Supreme Court decisions on intellectual property matters around the world including eight by the United States Supreme Court, two by the Canadian Supreme Court, and two by the United Kingdom Supreme...more

Patent Appeals to the District Court: Win or Lose, You Pay Attorneys’ Fees?

Recently, the Federal Circuit Court of Appeals (the federal appellate court that primarily hears appeals in patents cases) heard arguments in NantKwest Inc. v. Matal, No. 16-1794 on the issue of attorneys’ fees (a timely...more

Not So Secondary: Overcoming Obviousness With Objective Indicia

by Jones Day on

On April 2, 2018, the PTAB issued a final written decision in Fox Factory finding that the petitioner failed to carry its burden in showing the instituted claims were unpatentable as obvious. Fox Factory, Inc. v. SRAM, LLC,...more

PTAB Gives Apple’s Foe A Second Bite By Granting Realtime Data’s Motion to Amend

by Pepper Hamilton LLP on

In an inter partes review (IPR) proceeding, a patent owner may file one motion to amend the patent in one or more of the following ways: (a) cancel any challenged patent claim, or (b) for each challenged claim, propose a...more

Due Process Trumps Validity Concerns in AIA Trials

In Dell Inc. v. Acceleron, LLC, the Federal Circuit held that a panel of the Patent Trial and Appeal Board (PTAB) correctly declined to consider the petitioner’s new argument on remand, even though the panel previously found...more

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