News & Analysis as of

Patent Litigation Motion for Judgment

Holland & Knight LLP

D. Ariz.: Exchanging Geographic and Demographic Data is not Patent Eligible under Section 101

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In the case USADATA Inc. v. DataWidget LLC, No. CV-21-00526-PHX-DLR, 2021 WL 5084283 (D. Ariz. Nov. 1, 2021), the patent at issue is titled, "System and Method for Selling Customer-Specific Data Subsets on a Third-Party...more

Womble Bond Dickinson

District of Delaware Chief Judge Denies Request for Early Motion for Summary Judgment and Will Not Refer to Magistrates Citing...

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On November 23, 2021, Chief Judge Colm Connolly of the District of Delaware denied a joint request for an early summary judgment motion in patent litigation. In Fundamental Innovation Systems International LLC v. Lenovo...more

Goodwin

Amgen Petitions Federal Circuit to Reconsider Decision Invalidating Praluent Patents

Goodwin on

As we previously reported, on February 11, 2021, a three-judge panel of the Federal Circuit affirmed the District Court for the District of Delaware’s grant of Sanofi’s motion for judgment as a matter of law that the asserted...more

Goodwin

Federal Circuit Affirms Lack of Enablement of Select Claims of Amgen Patents

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As we previously reported in August 2019, the District Court for the District of Delaware issued an opinion granting Sanofi’s motion for judgment as a matter of law that the asserted claims of two of Amgen’s patents, U.S....more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions: Network-1 Tech., Inc. v. Hewlett-Packard Co. et....

Network-1 sued HP, among others, for patent infringement. Another defendant then filed an inter partes review (IPR) petition. Following institution, HP filed its own petition on different grounds and a motion to join the...more

Holland & Knight LLP

Hot Potato War: Patent to Pretreat Vegetables Not Directed to Ineligible Concept

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J.R. Simplot and McCain Foods have spent the last few years battling in the U.S. District Court for the District of Idaho over issues related to – unsurprisingly – potatoes, with each party asserting a design patent related...more

Patterson Belknap Webb & Tyler LLP

Licensee May Bring Infringement Suit, For Now

On September 11, 2019, United States District J. Paul Oetken denied Defendants Tekno Products, Inc. and Max Deluxe Limited (“Max Deluxe”)’s motion for judgement on the pleadings in a patent infringement action pending in the...more

Fox Rothschild LLP

Judge Fallon Denies Prevailing Party’s Motion To Declare Patent Case Exceptional

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The Honorable Sherry R. Fallon in Broadsoft, Inc. v. Callwave Communication, LLC, Civil Action No. 13-711-RGA (D.Del. August 8, 2019) issued a Magistrate Judge Opinion, pursuant to 28 U.S.C. § 636(b)(1)(A), Federal Rule of...more

Goodwin

Amgen v. Hospira: Litigation Update

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With the September 18, 2017 trial date fast approaching, the district court in Amgen v. Hospira last week denied Hospira’s motion for summary judgment of non-infringement of its proposed biosimilar of Epogen®/Procrit®...more

McDonnell Boehnen Hulbert & Berghoff LLP

Icon Health & Fitness, Inc. v. Polar Electro Oy (D. Utah 2017)

Claims Lacking Details Found to be Directed to Patent-Ineligible Subject Matter - In the U.S. District Court for the District of Utah (Central Division), Polar filed a motion for judgment on the pleadings contending that...more

Goodwin

UPDATE Amgen v. Apotex: Amgen argues they have met their burden to prove infringement

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As we previously reported, on July 20, the Southern District of Florida granted Amgen’s motion for judgment on partial findings that the ’138 patent was not proven invalid on grounds of anticipation, lack of written...more

WilmerHale

Pre-Claim Construction 101 Motions: Tips For Both Sides

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Since the U.S. Supreme Court issued its decision in Alice Corp. Pty. v. CLS Bank Int’l on June 19, 2014, there have been a surge of motions filed and granted that have invalidated patent claims for claiming patent-ineligible...more

Morris James LLP

Stay Pending Resolution Of Motion For Judgment On The Pleadings Is Denied

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Declaratory judgment plaintiff seeks a stay pending resolution of its motion for judgment on the pleadings. It contends that 23 contested claims from 3 patents-in-suit are not patent-eligible pursuant to section 101. With...more

McDonnell Boehnen Hulbert & Berghoff LLP

Motivation Innovations, LLC v. Petsmart, Inc. (D. Del. 2016)

Coupon Patent Easily Found Invalid under § 101 - On January 12, 2016, the District Court for the District of Delaware issued an opinion in a case captioned Motivation Innovations, LLC v. Petsmart, Inc. Plaintiff,...more

McDonnell Boehnen Hulbert & Berghoff LLP

Advanced Marketing Systems, LLC v. CVS Pharmacy (E.D. Tex. 2016)

In February 2015, Advanced Marketing Systems (AMS) sued a number of defendants, alleging infringement of various claims of U.S. Patent Nos. 8,219,445, 8,370,199, and 8,538,805. The defendants filed a motion for judgment on...more

Morris James LLP

Disputed Computer Technology Claims Are Held Unpatentable

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The disputed technology relates to a data transmission processing. The patent is challenged as containing unpatentable subject matter under § 101. The court observes that § 101 jurisprudence has evolved after Alice from...more

Morris James LLP

Alice Challenge Fails But May Be Renewed Later

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The disputed technology relates to methods and systems for remote ordering of products. The court held a Markman hearing and issued a claim construction opinion prior to issuing this opinion. Argument on patent eligibility...more

King & Spalding

ITC Section 337 Update - July 2015

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ALJ Shaw Finds No Violation In 921 Investigation – On July 2, 2015, Administrative Law Judge David Shaw issued a 320-page Final Initial Determination On Violation And Recommended Determination On Remedy in Certain Marine...more

Proskauer - New England IP Blog

Job Applicant Software Patents Not Terminated for Invalidity

Although the subject matter eligibility of software patents has come under increased scrutiny since the Supreme Court issued its opinion last year in Alice Corp. v. CLS Bank, one Massachusetts court recently declined to...more

Patterson Belknap Webb & Tyler LLP

In re: Nexium: Judge Young Denies Defendants’ Motions for a Directed Verdict

Last week, the Nexium district court ruled on defendants’ motions seeking judgment as a matter of law. As we previously reported in several earlier posts, In re: Nexium is the first pay-for-delay case to go to trial since...more

Carlton Fields

To Raise or Not to Raise? That is the Question When Talking About Pre-Verdict Motions for Judgment as a Matter of Law

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The specificity required in a motion for judgment as a matter of law/directed verdict (“JMOL”) can present challenges to counsel as they argue motions under Rule 50 or its state-law equivalents. Halo Electronics, Inc. v....more

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