News & Analysis as of

Patents Remedies Patent Infringement

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Section 337 Now Viable for “Mere Importers” After Federal Circuit’s Lashify Decision

For years, the U.S. International Trade Commission maintained that the potent remedies available under Section 337 were unavailable to intellectual property owners considered to be nothing more than “mere importers.” That...more

Axinn, Veltrop & Harkrider LLP

No Damages, No Injunction . . . and No Opposition?

The Federal Circuit will hear oral argument on March 5, 2024, in In re: California Expanded Metal Products, Co., No. 23-1140, a case that presents two intriguing issues regarding patent remedies. The first issue is the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis & Trends

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - December 2022 #3

ADASA Inc. v. Avery Dennison Corporation, Appeal No. 2022-1092 (Fed. Cir. Dec. 16, 2022) - In the Federal Circuit’s only precedential opinion this week, the Court considered issues arising from infringement litigation...more

McDermott Will & Emery

[Ongoing Program] Session 4: IP Litigation - September 28th, 10:00 am - 11:00 am KST

McDermott Will & Emery on

KOREA WEBINAR SERIES 2021 - In light of the COVID-19 pandemic, our first Korea Webinar Series will be held as a virtual series, with four sessions taking place between September 8 – September 28, 2021. Though we cannot...more

Smart & Biggar

Federal Court of Appeal upholds decision finding Seedlings' LifeCard patent invalid and not infringed by Pfizer’s EpiPen

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On July 28, 2021, the Federal Court of Appeal (FCA) dismissed Seedling’s appeal from the Federal Court decision of Justice Grammond (2020 FC 1, previously reported), which concluded that certain claims of Seedlings' LifeCard...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

McDonnell Boehnen Hulbert & Berghoff LLP

Gensetix, Inc. v. Board of Regents of the University of Texas System (Fed. Cir. 2020)

In a conundrum worthy of a law school civil procedure examination, plaintiff Gensetix found itself apparently with no remedy for infringement by Baylor College of Medicine, Diakonos Research Ltd., and William Decker of...more

International Lawyers Network

Recent judgment from the CJEU may have consequences for preliminary injunctions in Denmark

In a recent judgment from The Court of Justice of the European Union (the “CJEU”) in case C-688/17, the CJEU had the chance to provide an interpretation of adequate compensation contained in article 9(7) of Directive 2004/48...more

Jones Day

Commission Cleans Up Remedies for Robotic Vacuum Cleaners

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While it is well understood that the ITC can issue an exclusion order to stop the importation of articles found to infringe a patent, it is not as well known that such orders can also prevent certain domestic activities. A...more

Smart & Biggar

Divided success in Sandoz’s motion to strike monetary remedies and other novel claims in rituximab PMNOC actions

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A Federal Court Order has issued on a motion to strike brought by Sandoz in four actions relating to infringement of rituximab patents. The Court’s treatment of the novel claims by Roche may be of interest to litigants under...more

Smart & Biggar

Accounting of profits offers significant benefits to patent owners

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The Canadian “accounting of profits” remedy for patent infringement, which is not available in the U.S., provides a potentially significant opportunity for companies with Canadian IP rights. Recent court decisions have...more

Smart & Biggar

AstraZeneca succeeds in omeprazole patent infringement profits case

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The Federal Court has issued its Public Judgment and Reasons concerning the financial compensation to be paid to AstraZeneca as a result of Apotex’s infringement of the omeprazole formulation patent (AstraZeneca’s LOSEC) in...more

Jones Day

Default Determination Highlights The Importance Of Alleging Every Element

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A recent ITC decision, stemming from a default initial determination, underscores the importance of alleging every element in a complaint. 19 U.S.C. § 1337(g)(l) provides that the Commission, when making a determination on...more

Smart & Biggar

Dow obtains largest Canadian patent infringement award in history

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The Federal Court has issued its Further Judgment and Reasons (2017 FC 637) concerning the amount of financial compensation to be paid to the Dow Chemical Company as a result of earlier patent infringement and validity...more

Smart & Biggar

Dow succeeds on major issues in patent infringement profits case

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The Federal Court has issued their Public Judgment and Reasons concerning the financial compensation to be paid as a result of earlier patent infringement and validity proceedings between Dow Chemical Company (“Dow”) and NOVA...more

Mintz - Intellectual Property Viewpoints

Janssen v. Celltrion, Damages: “Patent Dance” May Determine Availability of Lost Profits

On March 2, 2017, the United States District Court for the District of Massachusetts issued an order in Janssen v. Celltrion explaining that an accused patent infringer’s failure to fully engage in the Biologics Price...more

Foley & Lardner LLP

Biosimilar Remedies Not Limited Without Full Patent Dance

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The judge presiding over the pending biosimilar litigation between Janssen and Celltrion/Hospira has issued guidance regarding the ramifications of a potential standing defect. Judge Wolf opined that Janssen’s biosimilar...more

Smart & Biggar

Federal Court of Appeal rules on non-infringing alternatives and apportionment as defences to an accounting of profits from patent...

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On February 2, 2017, the Federal Court of Appeal released a significant decision on accounting for profits, a remedy for patent infringement in Canada: Apotex Inc v ADIR, 2017 FCA 23. The appeal concerned two defences raised...more

Smart & Biggar

Federal Court of Appeal affirms award of legal costs of $6.5 million in patent infringement case

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In February 6, 2017, the Federal Court of Appeal affirmed a decision (Docket A-43-16) of t­­he Federal Court concerning a costs award from the liability phase of a patent infringement action between the Dow Chemical Company...more

Knobbe Martens

Supreme Court Grants Certiorari in Amgen v. Sandoz

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On January 13, 2017, the Supreme Court granted certiorari in Amgen v. Sandoz, 794. F.3d 1347 (Fed. Cir. 2015) and Sandoz v. Amgen, 773 F.3d 1274 (Fed. Cir. 2014), appealed from the Federal Circuit. The petitions involve the...more

Foley & Lardner LLP

Supreme Court Will Judge Biosimilar Patent Dance

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The U.S. Supreme Court has agreed to review some of the patent dispute resolution provisions of the Biologics Price Competition and Innovation Act (BPCIA). The Court granted certiorari in the dispute between Amgen and Sandoz,...more

Kramer Levin Naftalis & Frankel LLP

Supreme Court to Consider Biologics Price Competition and Innovation Act

On Friday, Jan. 13, the Supreme Court granted the appellant’s petition and the respondent’s cross-petition for a writ of certiorari in Sandoz Inc. v. Amgen Inc. This is the first time the Court will construe the Biologics...more

Morrison & Foerster LLP

MoFo IP Newsletter - August 2016

Supreme Court Abolished Federal Circuit's Test for Willfulness - On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the Supreme Court unanimously abrogated the Federal Circuit’s...more

Knobbe Martens

Infringement Case Shows Difficulty of Protecting Intellectual Property

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KFx Medical Corp. filed its patent applications like any startup would and with the same goal: protecting its intellectual property. Sometimes, that’s not an easy thing to do, especially if the infringing company is...more

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