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Patents Prior Art Affirmative Defenses

Robins Kaplan LLP

Bausch Health Ireland Ltd. v. Padagis Israel Pharms. Ltd.

Robins Kaplan LLP on

Case Name: Bausch Health Ireland Ltd. v. Padagis Israel Pharms. Ltd., Civ. No. 2:20-cv-05426-SRC-CLW (consol.), 2021 WL 4593271 (D.N.J. Oct. 6, 2021) (Waldor, J.) - Drug Product and Patent(s)-in-Suit: Bryhali® (halobetasol...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Clarifies Equitable Intervening Rights Extends Beyond Protecting Monetary Investments

On February 19, in John Bean Technologies Corp. v. Morris & Associates, Inc., the Federal Circuit affirmed a finding that accused infringer Morris was entitled to continue making, offering for sale, and selling its accused...more

Jones Day

Motion To Strike Invalidity Defense Denied… For Now

Jones Day on

On February 28, 2019, GREE, Inc. (“GREE”) filed a Complaint against Supercell Oy (“Supercell”) for patent infringement of U.S. Patent No. 9,597,594 (the “’594 Patent”), directed to a method for controlling a computer to...more

Akin Gump Strauss Hauer & Feld LLP

Invalidity Defenses Will Not Be Stricken at Pleading Stage Despite Defendant’s Earlier PGR Petition

A district court has denied a patent owner’s motion to strike wholesale a defendant’s affirmative defense of invalidity. The key issue in the motion to strike was the application of the estoppel provision of 35 U.S.C. §...more

Patterson Belknap Webb & Tyler LLP

Mattress Wars: Casper’s Inequitable Conduct Counterclaim Against Serta Remains

On January 25, 2018, United States District Judge Alvin K. Hellerstein (S.D.N.Y.) denied plaintiff Serta Simmons Bedding, LLC’s (“Serta”) motion to dismiss defendant Casper Sleep Inc.’s (“Casper”) counterclaim and affirmative...more

McDermott Will & Emery

PTAB Adopts Broad View of Inherency Doctrine

McDermott Will & Emery on

Ariosa Diagnostics v. Isis Innovation Ltd. - Addressing a variety of issues in a recent inter partes review (IPR), the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB or Board) determined that...more

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