The US Court of Appeals for the Federal Circuit held that a counterclaim plaintiff was estopped from relitigating antitrust claims in a separate action where the prior judgment allegedly involved separate and alternative...more
The US Court of Appeals for the Federal Circuit concluded that a firm’s ongoing representation of the opposing parties’ indirect subsidiary and affiliate in three patent infringement appeals created a concurrent conflict of...more
In considering an appeal in a patent and breach of contract case, the US Court of Appeals for the Federal Circuit explained that a district court’s damages ruling was not dispositive where it did not foreclose the plaintiff’s...more
On February 15, a Texas federal jury found that Ericsson did not breach its obligation to offer HTC licenses to its standard-essential patents (SEPs) on fair, reasonable and non-discriminatory (FRAND) terms. The verdict ended...more
2/25/2019
/ Breach of Contract ,
Ericsson ,
FRAND ,
HTC ,
Intellectual Property Protection ,
IP License ,
Jury Verdicts ,
Patent Infringement ,
Patent Litigation ,
Patent Royalties ,
Patents ,
Royalties ,
Standard Essential Patents
Addressing personal jurisdiction for declaratory judgment actions, the US Court of Appeals for the Federal Circuit found that there was personal jurisdiction over the plaintiff, and that there is no generalized rule that...more
The US Court of Appeals for the Federal Circuit concluded that an alleged infringer was subject to personal jurisdiction where it deliberately and continuously engaged in allegedly infringing activities on US-flagged ships....more
The US Court of Appeals for the First Circuit “reluctantly” declined to impose sanctions in a “very close case” against defense counsel in a six-year litigation involving indemnification for patent infringement claims....more
180-Day Notice Period for Biosimilar Approval Is Always Mandatory and Enforceable by Injunction -
Amgen Inc., v. Apotex Inc., (Fed. Cir. July 5, 2016) -
A year after analyzing the patent dance and notice...more
7/19/2016
/ Abbreviated New Drug Application (ANDA) ,
Actavis Inc. ,
Amgen ,
Assignments ,
Attorney-Client Privilege ,
Biosimilars ,
BPCIA ,
Federal Rule 12(b)(6) ,
Food and Drug Administration (FDA) ,
Hospira ,
Litigation Privilege ,
Merck ,
Method Claims ,
Motion to Dismiss ,
Obviousness ,
Patent Dance ,
Patent Infringement ,
Patents ,
Personal Jurisdiction ,
Pharmaceutical Industry ,
Product Exclusivity ,
Reverse Payment Settlement Agreements ,
Sandoz v Amgen ,
Summary Judgment ,
Unclean Hands ,
Work-Product Doctrine