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New Developments in Obviousness-Type Double Patenting and Original Patent Requirements — Patents: Post-Grant Podcast
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Wolf Greenfield Attorneys Preview What’s Ahead in 2024
The Texas Patent Litigation Monthly Wrap-Up for October 2023 covers three decisions addressing the scope of the work-product and attorney-client privileges, limits on the use of a defendant’s use of its own patents during...more
In a 2-1 opinion,1 the Federal Circuit recently reversed a decision from the United States District Court for the Western District of Wisconsin finding Defendant Leader Accessories LLC (“Leader”) and its attorney, Mr....more
On May 20, 2022, Magistrate Judge Gabriel Gorenstein (S.D.N.Y.) ruled on several discovery disputes inSure Fit Home Prods., LLC v. Maytex Mills Inc. In a case involving shower curtains, Plaintiff Sure Fit Home Prods. moved...more
This post continues our summary of substantive orders in patent litigation in the District of Minnesota. This summary includes discovery relevant to willfulness findings, stays under the customer suit exception, and...more
While the Federal Circuit has patent law as its principal focus, as a U.S. Circuit Court of Appeals, questions come before the Court on more mundane, procedural matters (which, sometimes being dispositive, does not reduce...more
Discovery disputes do not normally lead to a stay of litigation. But, in one recent patent infringement case, the parties’ inability to agree on a safe procedure for allowing the plaintiff’s expert to review the defendant’s...more
In 3G Licensing, S.A. et al v. HTC Corporation, the Honorable Christopher J. Burke of the District of Delaware denied Defendants’ motion for partial stay pending resolution of inter partes review (IPR) because of the lack of...more
In Limestone Memory Systems LLC v. Micron Technology, Inc. et al., the Discovery Master ruled that, under 9th Circuit law, pre-suit, patent analysis documents qualified for immunity from discovery under the work product...more
A Discovery Master in Limestone Memory Systems LLC v. Micron Tech., Inc. pending in the Central District of California recently provided additional guidance to practitioners and patent owners on this important question. The...more
The many discovery disputes between AbbVie and Boehringer Ingelheim (“BI”) over BI’s biosimilar of HUMIRA® (adalimumab) in the Delaware District Court are providing insight on the bounds of discovery in Biologics Price...more
How a USPTO Shutdown Will Affect PTAB Litigation and Prosecution Matters & Strategies - The government shutdown began December 22, 2018, but the United States Patent and Trademark Office (USPTO) and district and appeals...more
The PTAB has discretion to permit “routine discovery” under 37 C.F.R. §42.51(b)(1)(iii) when that discovery “is narrowly directed to specific information known to the responding party to be inconsistent with a position...more
IN THIS ISSUE: - Shire’s VYVANSE patent valid, prohibition order issued - First judicial consideration of Vanessa’s Law: Health Canada must disclose requested clinical trial data - PMPRB News - Patented Medicine...more
On Tuesday, May 8, 2018, the International Trade Commission (“ITC” or the “Commission”) published the final changes to its rules of practice and procedure. The Commission stated that the changes are intended to both...more
By statute, an IPR cannot be instituted if the petitioner, real party in interest, or its “privy” was sued for infringing the patent more than one year before the petition for the IPR. 35 U.S.C. § 315(b). As we previously...more
In a recent order, Administrative Law Judge (“ALJ”) Shaw denied Complainants’ Paice LLC and the Abell Foundation, Inc. (“Paice”) motion for evidentiary sanctions against Respondent Ford Motor Company (“Ford”) for allegedly...more
In the long-standing patent dispute between Sophos and RPost, Judge Casper recently issued the oft-sought but rarely received award of attorneys’ fees, after finding that the case was “exceptional.” The suit began in 2013,...more
Judge Stearns recently clarified the scope of an almost five-year-old multi-district patent dispute in the District of Massachusetts. Since early 2013, Judge Stearns has presided over NeuroGrafix’ allegations of patent...more
In a recent Order, ALJ McNamara clarified that while diagrams drawn by an expert depicting the interplay and hierarchy of relevant code modules, inputs, and outputs of source code are to be treated as confidential business...more
In a recent multi-district case involving patent infringement allegations relating to MRI imaging, Judge Stearns granted motions for protective orders directed to untimely-served subpoenas on third party customers. The case...more
In Allied v. OSMI, the Circuit affirms dismissal of a declaratory judgment action even though Allied’s Mexican distributors had been sued in Mexico on a corresponding Mexican patent. In a first Waymo v. Uber case, the panel...more
District Court Abused Discretion in Ignoring Federal Circuit Mandate to Reconsider Attorneys’ Fees Under Octane Fitness - In Adjustacam, LLC v. Newegg, Inc., Appeal No. 2016-1882, the Federal Circuit held that a district...more
Today, the Federal Circuit dismissed Amgen’s appeal from and mandamus petition regarding the U.S. District Court for the Delaware’s order denying Amgen’s motion to compel discovery for lack of jurisdiction under the...more
In Polygroup Ltd. v. Willis Electric Co., Ltd., the Patent Trial and Appeal Board denied a Patent Owner request for documents already provided in a co-pending lawsuit but restricted from use by a protective order....more
This case presents an example of a district court’s use of the “proportionality” requirement of Rule 26 to limit overbroad discovery. On March 9, 2017, Magistrate Judge Barbara L. Major of the District Court for the Southern...more