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Allen & Overy LLP

English Court of Appeal rejects the EPO’s “serious contemplation” test for anticipation by prior disclosure overlapping with later...

by Allen & Overy LLP on

In the case of Jushi Group v OCV [2018] EWCA Civ 1416, the Court of Appeal has considered the question of the relevant test to apply when assessing whether a prior disclosure of numerical ranges will anticipate a later claim...more

Fish & Richardson

EDTX & NDTX Monthly Wrap-Up — June 2018

by Fish & Richardson on

This post is our latest review of noteworthy case developments in the Eastern and Northern Districts of Texas for the month of June 2018. Two subjects stand out this month from the Eastern District: (1) venue and (2) expert...more

Jones Day

Don’t Forget to Bring Your Redesigned Products to the ITC

by Jones Day on

The ITC recently modified a previously issued remedial order such that certain of the Respondents’ redesigned products were not covered by the limited exclusion order (LEO) or the cease and desist order (CDO). Certain Network...more

McDermott Will & Emery

Lack of Efficacy Data in Prior Art Defeats Invalidity Challenges

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court decision that the asserted claims directed towards the anti-epileptic drug lacosamide were not invalid based on obviousness-type double patenting,...more

McDonnell Boehnen Hulbert & Berghoff LLP

Life Sciences Court Report - July 2018

About Life Sciences Court Report: We will periodically report on recently filed biotech and pharma litigation. Celgene Corp. v. Synthon Pharmaceuticals, Inc. - 2:18-cv-10775; filed June 19, 2018 in the District of New...more

Jones Day

High Court to Hear Helsinn v. Teva, Resolve AIA Secret Sales Question

by Jones Day on

On June 25, 2018, the United States Supreme Court agreed to review the Federal Circuit's decision in Helsinn Healthcare v. Teva Pharmaceuticals, No. 17-1229. In Helsinn, the Federal Circuit considered whether the America...more

Harness, Dickey & Pierce, PLC

Section 101: The Facts, the Whole Facts and Nothing but the Facts

On May 31, the Federal Circuit yet again demonstrated that a cohesive approach to determining patent eligibility under Section 101 continues to evade the patent bar and the bench....more

McKee, Voorhees & Sease, P.L.C.

Federal Circuit Addresses Patentability In Terms Of Non-Statutory Subject Matter

On June 20, 2018, in In re Wang, the United States Court of Appeals for the Federal Circuit (CAFC) held that patent application claims describing a phonetic symbol system were not patentable because it was directed to...more

Fenwick & West LLP

How Do I Avoid Indefiniteness with No Intrinsic Record Support?

by Fenwick & West LLP on

In Kaneka Corporation v. Zhejiang Medicine, the U.S. District Court for the Central District of California held that expert testimony alone was sufficient to avoid summary judgment of indefiniteness under 35 U.S.C. § 112 ¶ 2,...more

McDonnell Boehnen Hulbert & Berghoff LLP

Cellspin Soft, Inc. v. Fitbit, Inc. (N.D. Cal. 2018)

Background - Cellspin sued Fitbit and thirteen other defendants in the Northern District of California alleging infringement of U.S. Patent Nos. 8,738,794, 8,892,752, 9,749,847, and 9,258,698. The defendants filed a...more

Fenwick & West LLP

Federal Circuit Panel Holds Trade Secret Disgorgement of Profits Must Be Awarded by Judge, Not Jury

by Fenwick & West LLP on

In Texas Advanced Optoelectronic Solutions v. Renesas Electronics America, the Federal Circuit held that there is no right to a jury for determining disgorgement of profits for trade secret misappropriation under Texas common...more

Jones Day

Is the Government a “Person” Who May Institute PTAB Trials?

by Jones Day on

The America Invents Act (“AIA”) provides that a “[a] person may not file a petition for [covered business method review] unless the person or the person’s real party in interest or privy has been sued for infringement or...more

Winthrop & Weinstine, P.A.

Laches Defense Applies to Cancellation Actions – Cosmetic Warriors v. Pinkette Clothing

by Winthrop & Weinstine, P.A. on

In Cosmetic Warriors v. Pinkette Clothing, the U.S. Court of Appeals for the Ninth Circuit filed an opinion a couple weeks ago, reconfirming that the equitable defense of laches (unreasonable and prejudicial delay in bringing...more

McDermott Will & Emery

How Many Infringers Does It Take to “Administer” a Medication?

by McDermott Will & Emery on

Addressing the issue of whether defendant’s abbreviated new drug application (ANDA) formulation would infringe plaintiff’s method patents under a theory of joint direct infringement, Circuit Judge Bryson sitting in the US...more

Harness, Dickey & Pierce, PLC

A Chicken in Every Pot, A Patent in Every Portfolio

July 6 is National Fried Chicken Day. Who decides such things? Apparently no one, or perhaps more accurately, anyone. For those needing outside validation, the people at the National Day Calendar are more than happy to...more

McDermott Will & Emery

Stability of Ready-to-Use Dexmedetomidine Not Inherent

by McDermott Will & Emery on

After a bench trial, the US District Court for the District of Delaware found several Hospira patents covering a diluted, “ready-to-use” composition of dexmedetomidine obvious in view of the concentrated prior art product—but...more

Hogan Lovells

French legal and regulatory update – June 2018

by Hogan Lovells on

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e - newsletter, which offers a legal and regulatory update covering France and Europe for June 2018. Please see full...more

Knobbe Martens

Polara Engineering Inc v. Campbell Company

by Knobbe Martens on

Federal Circuit Summaries - Before Lourie, Dyk, and Hughes. Appeal from the United States District Court for the Central District of California Summary: (1) The public use bar is not triggered by experimental use...more

Orrick - IP Landscape

How To Shoot For The Stars: Federal Circuit Clarifies EMVR Requirements

by Orrick - IP Landscape on

Power Integrations, Inc. v. Fairchild Semiconductor International, Fed. Cir. (July 3, 2018) - Patent damages law can be fairly complex—so much so that Daubert motions against damages experts are filed in nearly every case....more

Knobbe Martens

Federal Circuit Review - June 2018

by Knobbe Martens on

A Complaint Identifying Infringing Products and the Patents Allegedly Infringed, Accompanied by Statements that the Products Meet All Elements of at Least One Claim of the Asserted Patents, May be Sufficient to Meet the...more

CloudNine

Court Rules Search Terms Overly Broad Under Rule 26 in Convertible Top Patent Case: eDiscovery Case Law

by CloudNine on

In Webastro Thermo & Comfort v. BesTop, Inc., No.16-13456 (E.D. Mich. June 29, 2018), Michigan Magistrate Judge R. Steven Whalen ruled in favor of the plaintiff’s protective order, requesting the narrowing of search terms for...more

Knobbe Martens

Ynano’s Artificial Glands

by Knobbe Martens on

On July 2, 2018, the Federal Circuit Court of Appeals affirmed the decision of the Patent Trial and Appeal Board holding that some of the claims relating to artificial glands and various methods of creating them were not...more

Harness, Dickey & Pierce, PLC

No-Harm, No-Foul: Board Denies Sanctions Where Patent Owner Suffered No Harm from Alleged Cross Examination Overreach

In Apple Inc. v. California Institute of Technology, IPR2017-00297, Paper 66, (June 29, 2018), the Patent Trial and Appeal Board (PTAB), en route to finding claims 19-21 of U.S. Patent No. 7,916,781 invalid, also denied the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Illumina, Inc. v. Natera, Inc. (N.D. Cal. 2018)

Last month, in Illumina, Inc. v. Natera, Inc., District Judge Susan Illston of the U.S. District Court for the Northern District of California denied a motion to dismiss filed by Defendant Natera, Inc., to dismiss a complaint...more

Buchanan Ingersoll & Rooney PC

PTAB Designates Five Decisions as Informative

Recently, the PTAB designated five decisions as informative. Three of the decisions provide guidance on practice and procedure in inter partes review proceedings. The two remaining decisions stem from ex parte appeals....more

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Updated: May 25, 2018:

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Privacy Officer
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Sausalito, California 94965

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Privacy Officer
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Sausalito, California 94965

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

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