On April 17, 2019, Judge Gilstrap of the United States District Court for the Eastern District of Texas, in Apicore v. Beloteca, No. 19-cv-00077, held that while the court could exercise personal jurisdiction over a generic...more
On February 7, 2019, the United States Court of Appeals for the Federal Circuit, in Momenta Pharmaceuticals v. Bristol-Myers Squibb, No. 2017-1694, dismissed Momenta’s appeal of a Final Written Decision in an Inter Partes...more
A federal district court judge recently applied the recent U.S. Supreme Court decision in WesternGeco LLC v. ION Geophysical Corporation, in which the Supreme Court held that lost profits damages could be awarded for...more
On April 16, 2018 in a precedential opinion, the United States Court of Appeals for the Federal Circuit, Sumitomo Dainippon Pharma v. Emcure Pharms., Nos. 2017-1798, -1799, -1800, affirmed the United States District Court for...more
An introduction to § 271 -
Section 271 of Title 35 of the United States Code is the statute that codifies unlawful acts of patent infringement. The most commonly asserted provisions are § 271(a) (direct infringement), §...more
4/6/2018
/ 35 U.S.C. § 271(e)(1) ,
Appeals ,
Contributory Infringement ,
Damages ,
Exports ,
Extraterritoriality Rules ,
Lost Profits ,
Patent Infringement ,
Patents ,
Remand ,
Reversal ,
Technology Sector
On Monday, November 27, 2017, the Supreme Court heard oral arguments in SAS Institute v. Matal.
Issue presented -
Whether 35 U.S.C. § 318(a) requires that the Patent Trial and Appeal Board (PTAB or Board) issue a final...more
In a precedential opinion issued on October 11, 2017, the United States Court of Appeals for the Federal Circuit reversed the Patent Trial and Appeals Board’s (“PTAB”) finding of non-obviousness where the prior art taught...more
On July 17, 2017, the United States Court of Appeals for the Federal Circuit reversed, in a precedential opinion in Millennium Pharmaceuticals, Inc. v. Sandoz, Inc., No. 2015-2066 (Fed. Cir. July 17, 2017), a district court...more
7/26/2017
/ Abbreviated New Drug Application (ANDA) ,
Appeals ,
FDA Approval ,
Generic Drugs ,
Obviousness ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
Prescription Drugs ,
Prior Art ,
Sandoz
On March 3, 2017, the United States Court of Appeals for the Federal Circuit reaffirmed, in a precedential opinion, that prosecution disclaimers may only limit the scope of a claim where the disclaimer is “both clear and...more
Plaintiffs bringing patent infringement complaints under the Iqbal/Twombly pleading standard should take notice. On September 30, 2016, a panel of the Federal Circuit affirmed a district court’s dismissal of a deficient...more
10/13/2016
/ CAFC ,
CBS ,
Federal Rule 12(b)(6) ,
Joint Infringement ,
Limelight v Akamai ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pleading Standards ,
Television Broadcast Stations ,
Twombly/Iqbal Pleading Standard
The United States Supreme Court’s recent decision in Commil v. Cisco held that a good-faith belief of a patent’s invalidity, standing alone, is insufficient to provide a defense to a claim of inducing another’s infringement...more
8/3/2015
/ Cisco ,
Cisco v CommilUSA ,
Clear and Convincing Evidence ,
Good Faith ,
Honest Belief Defense ,
Induced Infringement ,
Patent Infringement ,
Patent Invalidity ,
Patents ,
SCOTUS ,
Standard of Review ,
Willful Infringement