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Patents Patent Infringement Direct Infringement

Fenwick & West LLP

Key Federal Circuit Patent Rulings Impacting Your Business - Recent Rulings - January 2025

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Contour IP v. GoPro: Federal Circuit Offers Insight into Alice’s Step One Analysis. In Contour IP v. GoPro, the Federal Circuit reversed a summary judgment order invalidating two of Contour IP’s patents directed to...more

Smart & Biggar

Federal Court of Appeal and Federal Court release three decisions relating to macitentan (Janssen’s OPSUMIT)

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Federal Court of Appeal (FCA) dismisses appeal on finding of inducement: Apotex Inc v Janssen Inc, 2023 FCA 220 - Apotex appealed the trial decision, finding that Apo-Macitentan would infringe Canadian Patent No. 2,659,770...more

Smart & Biggar

FCA finds Teva would directly infringe and induce infringement of Janssen’s paliperidone palmitate patent

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As previously reported, the Federal Court (FC) found that Teva would directly infringe but not induce infringement of certain claims of Canadian Patent No. 2,655,335 (335 patent) regarding its paliperidone palmitate product...more

McDermott Will & Emery

ANDA Filing Alone Insufficient for Induced Infringement of Method Patent

The US Court of Appeals for the Federal Circuit upheld a district court’s findings of invalidity and noninfringement in a Hatch-Waxman case involving two sets of method patents directed to modulating dosages of pirfenidone, a...more

Smart & Biggar

Angelcare and Playtex take out the trash: Diaper Genie patents are valid and infringed by Munchkin

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On April 7, 2022, the Federal Court issued its judgment and reasons in Angelcare Canada Inc et al v Munchkin Inc et al (2022 FC 507), finding that Munchkin, Inc and Munchkin Baby Canada Ltd (the “Defendants” or “Munchkin”)...more

McDonnell Boehnen Hulbert & Berghoff LLP

Roche Diagnostics Corp. v. Meso Scale Diagnostics, LLC (Fed. Cir. 2022)

U.S. patent law grants patent owners the right to grant licenses to their patents in analogy to landlords granting rents to real property as a license to use without obtaining ownership.  35 U.S.C. §§ 261-262.  But the...more

Knobbe Martens

The Heightened Standard of Proving Induced Infringement

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ROCHE DIAGNOSTICS CORPORATION v. MESO SCALE DIAGNOSTICS, LLC - Before Newman, Prost, and Taranto. Appeal from the U.S. District Court for the District of Delaware. Summary: A finding of inducing infringement requires...more

Smart & Biggar

Federal Court holds summary trial appropriate, Apotex and Pharmascience will induce infringement of paliperidone palmitate patent

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The Federal Court released a pair of decisions in patent litigation relating to paliperidone palmitate (Janssen’s INVEGA SUSTENNA): Janssen Inc v Pharmascience, 2022 FC 62 and Janssen Inc v Apotex, 2022 FC 107. Pharmascience...more

Knobbe Martens

Federal Circuit Review - October 2021

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No Assembly, No Infringement – Federal Circuit Declines to Expand the “Final Assembler” Theory of Direct Infringement In Acceleration Bay LLC v. Take-Two Interactive Software, Appeal No. 20-1700 the Federal Circuit held that...more

McDermott Will & Emery

Failing to Address All Reasons for Noninfringement Renders Appeal Moot

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In deciding whether the district court correctly interpreted various claim terms in four patents related to communication techniques used in computer gaming technology, the US Court of Appeals for the Federal Circuit found...more

Knobbe Martens

No Assembly, No Infringement – Federal Circuit Declines to Expand “Final Assembler” Theory of Direct Infringement

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ACCELERATION BAY LLC v. TAKE-TWO INTERACTIVE SOFTWARE - Before Moore, Reyna, and Hughes.  Appeal from the United States District Court for the District of Delaware.  Summary:  The “final assembler” theory of direct...more

McDermott Will & Emery

One for All, and All for One . . . Except When It Comes to Patent License Comparability

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Examining whether portfolio patent licenses can be sufficiently comparable to a single-patent license for the purposes of supporting a patent damages verdict, a split panel of the US Court of Appeals for the Federal Circuit...more

Knobbe Martens

Patentee Failed to Apportion Licenses to Bundled Patents to Establish Royalties

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OMEGA PATENTS, LLC v. CALAMP CORPORATION - Before Prost, Dyk, and Hughes. Appeal from the United States District Court for the Middle District of Florida. Summary: Licensing policies that allow use of any or all of a...more

A&O Shearman

Roche Diabetes Care Succeeds in UK Medtech Patent Dispute Against Insulet

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In the latest UK medical technology (Medtech) patent decision Insulet v Roche Diabetes Care [2021] EWHC 1933 (Pat), Ms Pat Treacy (sitting as a judge of the High Court) held that (i) Roche Diabetes Care’s Accu-Chek Solo...more

Cooley LLP

Alert: GSK v. Teva – Induced Infringement Liability Despite Skinny Label

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In GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., the Federal Circuit reinstated a jury's verdict that Teva infringed GSK's patented method of using its Coreg® drug product, even though Teva's product was initially...more

Goodwin

ITC 337 Quarterly Insider Q2 2020

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Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more

Jones Day

ITC Finds Violation Based on Infringement of Method Claim After Importation

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A recent opinion by the ITC reiterates that a violation of Section 337 can be based on infringement of a method claim that occurs after importation of the relevant article(s). Certain Blood Cholesterol Testing Strips and...more

Bradley Arant Boult Cummings LLP

Single Entity Requirement Under 35 U.S.C. § 271(a-b) Does Not Carry Over to § 271(g) - Intellectual Property News

On Wednesday, the Federal Circuit held that infringement under 35 U.S.C. § 271(g) does not require a single entity to perform, direct, or control all of the steps of a patented process for infringement liability to arise from...more

Fox Rothschild LLP

Judge Connolly Grants Defendant’s Motion To Dismiss Eight Counts Of Plaintiffs’ Direct Infringement Claims For Failure To Satisfy...

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By Memorandum Opinion entered by The Honorable Colm F. Connolly in Boston Scientific Corp. et al. v. Nevro Corp., Civil Action No. 18-0644-CFC (D.Del. November 25, 2019), the Court granted Defendant’s Motion to Dismiss with...more

McDonnell Boehnen Hulbert & Berghoff LLP

NeuroGrafix v. Brainlab, Inc. (Fed. Cir. 2019)

One person's attempt at judicial economy can be another person's impermissible shortcut, and when it arises in the context of a summary judgment motion of noninfringement, it can amount to legal (or at least procedural) error...more

Smart & Biggar

Eli Lilly granted leave to add new cause of action of direct infringement of "composition for use" claims, absent allegation of...

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(Updated October 1, 2019) - On July 3, 2019, Eli Lilly was granted leave to amend its pleadings to introduce a new cause of action for direct infringement of claims relating to a new use without including an allegation of...more

Orrick, Herrington & Sutcliffe LLP

Intellectual Property - Patents - The World in U.S. Courts: Summer 2019

Direct and Indirect Infringement Claims Allowed to Proceed Against Japanese Parent that Neither Imported nor Sold Allegedly Infringing Cellphones in the US - Semcon IP Inc. v. Kyocera Corp., US District Court for the...more

Jones Day

Commission Reverses Initial Determination’s Finding of No Direct Infringement

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In an earlier post related to this investigation, we discussed the ITC’s recommendation that a general exclusion order issue for products infringing Complainant National Products Inc.’s (“NPI”) patents after all named...more

Fox Rothschild LLP

Judge Noreika Denies Defendant’s Motion To Dismiss Plaintiff’s Complaint Alleging Direct Infringement Of Asserted Patents

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By Memorandum Opinion entered by The Honorable Maryellen Noreika in Agrofresh Inc. v. Hazel Technologies, Inc., Civil Action No. 18-1486 –MN (D.Del. April 25, 2019), the Court denied Defendant’s motion to dismiss Plaintiff’s...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2019 #3

PATENT CASE OF THE WEEK - CenTrak, Inc. v. Sonitor Technologies, Inc., Appeal No. 2017-2510 (Fed. Cir. Feb. 14, 2019) - In this appeal from the United States District Court for the District of Delaware, the Federal...more

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