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Patent Litigation Rules of Civil Procedure

Fenwick & West LLP

Federal Circuit Lays Out When Expert Witnesses in Patent Litigation Must Have Required Expertise

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In patent litigation, expert witnesses play a crucial role in providing specialized knowledge to the court. In a recent case where Osseo Imaging LLC sued Planmeca USA Inc. for patent infringement, the Federal Circuit...more

WilmerHale

Federal Circuit Patent Ruling Clarifies Section 101 Procedures

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Courts have long interpreted Title 35 of the U.S. Code, Section 101, to bar patenting abstract ideas, laws of nature or natural phenomena. But until six years ago, the U.S. Court of Appeals for the Federal Circuit's...more

Goodwin

Updates on Aflibercept BPCIA Litigation - January 2024

Goodwin on

On January 10, 2024, Regeneron Pharmaceuticals, Inc. (“Regeneron”) filed a Complaint in the U.S. District Court for the Central District of California against Amgen Inc. (“Amgen”) alleging infringement of 32 patents under the...more

Linda Liu & Partners

Application of Obstruction of Evidence Production Rule in Patent Infringement Disputes (II)

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III. Application of Obstruction of Evidence Production Rule in Patent Infringement Judgment - In the practice of patent infringement disputes, especially the infringement cases involving manufacturing equipment and BtoB...more

Smith Anderson

White Paper | North Carolina’s Local Patent Rules Help Make Its Courts Favorable Venues for Patent Litigation

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Patent cases are complex and often challenging undertakings because they frequently involve innovative technology, unique litigation procedures and unusual legal issues. Additionally, because patents are depreciating assets,...more

Womble Bond Dickinson

Delaware Judge Enforces Patent Case Disclosure Requirements

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​​​​​​​The District of Delaware has recently instituted several requirements in patent cases, many in response to the overwhelming caseload in part due to a judicial vacancy. In addition to the specific patent standing orders...more

Womble Bond Dickinson

Delaware Court Denies Motion to Dismiss NPE’s Direct Infringement Claims Despite Sparse Allegations

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The number of Non-Practicing Entities (NPE) cases has increased in Delaware by almost 10% over the last year. If you or a client finds yourself the target of an NPE patent litigation suit, the next question is usually what...more

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

Latham & Watkins LLP

High Court Clarifies Appeal Procedures Following Remote Hand Downs of Judgments

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Mr Justice Hacon finds that procedures for applying for permission to appeal are not altered by the COVID-19 Protocol. In Claydon v. Mzuri, Mr Justice Hacon of the High Court has found that the COVID-19 Protocol does not...more

Smart & Biggar

Effectively using experts in IP Litigation – Part 1: Theory

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In IP litigation, expert testimony is common and important. Experts may provide the court with a scientific primer in highly complex cases. In patent litigation, experts may construe complex claims through the eyes of a...more

Bracewell LLP

Know Them Before They are Famous (or at least final): The Latest USPTO Proposed Rule Changes

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On August 19, 2015, the United States Patent and Trademark Office (USPTO) released proposed rule changes for trials before the Patent Trial and Appeal Board (PTAB). The proposed rule changes were made in response to input...more

Moore & Van Allen PLLC

Federal District Courts Continue to Use Local Patent Rules

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In our last post, we discussed proposed amendments to the Federal Rules of Civil Procedure recently published for comment by the Judicial Conference Advisory Committee. Two years ago, I sat on a similar advisory committee...more

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