News & Analysis as of

Patent Litigation Failure To Disclose

J.S. Held

Case Law Update: Timing of Technical Expert Analysis of Non-Infringing Alternatives in Smart Path Connections

J.S. Held on

Recent case law may impact the timing of defendant technical expert analysis and opinion regarding non-infringing alternatives in patent infringement litigation. On March 13, 2024, Magistrate Judge Roy S. Payne, in the United...more

Weintraub Tobin

The Briefing: Failure to Disclose Relationship with Real Party in Interest Results in Serious Sanctions

Weintraub Tobin on

Failure to disclose certain relationships with a third party may result in significant consequences from the court. Scott Hervey and Eric Caligiuri talk about this on this episode of The Briefing....more

Weintraub Tobin

Podcast: The Briefing - Failure to Disclose Relationship with Real Party in Interest Results in Serious Sanctions

Weintraub Tobin on

Failure to disclose certain relationships with a third party may result in significant consequences from the court. Scott Hervey and Eric Caligiuri talk about this on this episode of The Briefing....more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions: Atlanta Gas Light Co. v. Bennett Regulator Guards,...

Atlanta Gas petitioned for inter partes review of Bennett’s ’029 patent. The Board initially rejected Bennett’s argument that Atlanta Gas was time barred from petitioning for inter partes review under 35 U.S.C. § 315(b) and...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Rejects Patentee’s Attempt to Skirt Local Patent Rules in Duplicative Litigation

On September 7, in Arendi S.A.R.L. v. LG Electronics Inc., a Federal Circuit panel affirmed the District of Delaware’s decision dismissing a patent infringement action as duplicative of a co-pending, earlier-filed action. ...more

Knobbe Martens

Federal Circuit Review - September 2021

Knobbe Martens on

Arguments to the Patent Office That Contradict Information Submitted to the FDA Support an Inference of Deceptive Intent In Belcher Pharmaceuticals v. Hospira, Inc., Appeal No. 20-1799, the Federal Circuit held that a...more

Haug Partners LLP

Belcher Pharmaceuticals’ Patent Held Unenforceable by the Federal Circuit

Haug Partners LLP on

The Federal Circuit published a precedential decision on September 1, 2021 regarding the unenforceability of a pharmaceutical patent due to inequitable conduct. In Belcher Pharmaceuticals LLC v. Hospira, Inc., the Court...more

McDermott Will & Emery

Damage Expert Testimony Excluded for Failure to Disclose Evidence and to Apportion

The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to preclude a damage expert from characterizing license agreements and opining on a reasonable royalty rate where the sponsoring party...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2021

Belcher Pharmaceuticals, LLC v. Hospira, Inc., Appeal No. 2020-1799 (Fed. Cir. Sept. 1, 2021) - In an appeal from the United States District Court for the District of Delaware, the Federal Circuit affirmed the district...more

Knobbe Martens

Arguments to the Patent Office That Contradict Information Submitted to the FDA Support Inference of Deceptive Intent

Knobbe Martens on

BELCHER PHARMACEUTICALS v. HOSPIRA, INC. Before Reyna, Taranto, and Stoll. Appeal from the District of Delaware. Summary: A patentee committed inequitable conduct by advancing an argument during patent prosecution...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2021 #5

MLC Intellectual Property, LLC v. Micron Technology, Inc., Appeal No. 2020-1413 (Fed. Cir. Aug. 26, 2021) - For those interested in an important Section 112 written description case, we recommend reading the Juno...more

Kidon IP

Apple’s CORE Hypocrisy – Setting a World Record in Late Disclosure

Kidon IP on

As I have documented elsewhere, Apple, for quite a long time has been engaged in a sophisticated long-term quest to devalue (p7) standard essential patents (“Essential Patents”). This strategy is aimed at reducing, if not...more

McDermott Will & Emery

Choosing Advocacy over Candor Renders Patent Unenforceable

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit upheld the district court’s finding that the patents-in-suit were unenforceable due to inequitable conduct because of a failure to disclose information related to an offer for...more

Sheppard Mullin Richter & Hampton LLP

Failure to Launch: Not Identifying the Proper Parties Can Prematurely End an Video Game IPR Challenge

Most video game patents that are asserted in litigation are also challenged at the PTAB through IPR or PGR petitions. Patent Owners looking for new ways attack such challenges have turned to the failure to disclose...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

WilmerHale

Federal Circuit Patent Updates - August 2018

WilmerHale on

Ericsson Inc. v. Intellectual Ventures I LLC (No. 2017-1521, 8/27/18) (Reyna, Taranto, Chen) Reyna, J. - Vacating and remanding the PTAB’s IPR decision because the PTAB erred in not considering portions of the petitioner’s...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench - August 2018 #2

PATENT CASE OF THE WEEK - Click-to-Call Technologies, LP v. Ingenio, Inc., Appeal No. 2015-1242 (Fed. Cir. Aug. 16, 2018) In an appeal of an inter partes review, the Federal Circuit reviewed for the first time the...more

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