News & Analysis as of

Dismissals Patents Appeals

Knobbe Martens

Platinum Cannot Stand on Speculation

Knobbe Martens on

Before Moore. Appeal from the Patent Trial and Appeal Board. Summary: Standing based on potential infringement liability requires concrete plans for future activity which will create a substantial risk of future infringement...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - July 2024 #3

Backertop Licensing LLC v. Canary Connect, Inc., Appeal Nos. 2023-2367, -2368, 2024-1016, -1017 (Fed. Cir. July 16, 2024) Our case of the week focuses on the inherent power of the district courts to investigate fraud and...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - June 2024 #2

Beteiro, LLC v. Draftkings Inc., Appeal Nos. 2022-2275, -2277, -2278, -2279, -2281, 2283 (Fed. Cir. June 21, 2024) In its only precedential patent opinion this week, the Federal Circuit affirmed the Rule 12(b)(6)...more

Smart & Biggar

Supreme Court of Canada dismisses Apotex’s application for leave to appeal macitentan inducing infringement decision

Smart & Biggar on

As previously reported, the Federal Court of Appeal dismissed Apotex’s appeal of a decision relating to macitentan (Janssen’s OPSUMIT), which found that Apotex would induce infringement of Janssen’s patent....more

McDermott Will & Emery

Pay for Delay Is Sometimes Okay

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit affirmed the dismissal of a lawsuit against pharmaceutical companies accused of violating antitrust laws by using reverse payments to delay entry of a generic version of a...more

Goodwin

Federal Circuit Dismisses Appeals in Regeneron v. Mylan (Aflibercept) BPCIA Litigation

Goodwin on

​​​​​​​As we previously reported, trial in Regeneron Pharmaceutical, Inc.’s BPCIA case against Mylan Pharmaceuticals Inc. and Biocon Biologics, Inc. (collectively, “the Biocon Defendants”) regarding the Biocon Defendants’...more

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

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition): In re: PersonalWeb Technologies, LLC, 85 F.4th 1148...

PersonalWeb—the third appeal from a multidistrict litigation involving alleged infringement of PersonalWeb’s patents—addressed two issues: (1) whether the district court abused its discretion in finding the case exceptional...more

Sheppard Mullin Richter & Hampton LLP

The Intertwining Nature of Motivation to Combine and Reasonable Expectation of Success

In Elekta Limited v. Zap Surgical Systems, Inc., No. 21-1985 (Fed. Cir. Sept. 21, 2023), the case addresses the interplay between findings related to motivation to combine and reasonable expectation of success in determining...more

Smart & Biggar

FCA dismisses appeal, patent not listable against STELARA SNDS

Smart & Biggar on

As previously reported, the Federal Court (FC) dismissed Janssen’s application for judicial review of the decision of the Office of Submissions and Intellectual Property (OSIP) refusing to list Canadian Patent No. 3,113,837...more

Smart & Biggar

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

Smart & Biggar on

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

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - November 2023 #2

Allgenesis Biotherapeutics Inc. v. Cloudbreak Therapeutics, LLC, Appeal No. 2022-1706 (Fed. Cir. Nov. 7, 2023) In this week’s Case of the Week, the Federal Circuit dismissed appellant Allgenesis’s appeal of an inter...more

A&O Shearman

Half an hour for a bifurcation: UPC Central Division rejects preliminary objection after first oral hearing

A&O Shearman on

The decision concerns the time of filing and admissibility of a revocation action at the Central Division when a parallel infringement action is filed at a local division (Art. 33(4) UPCA). Art 33(4) UPCA states that...more

McDermott Will & Emery

Tune to the Right Channel: Disclosure Lacking Fraud Information Isn’t an FCA Qui Tam Bar

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit reversed a district court’s decision to dismiss a qui tam action brought under the False Claims Act (FCA) after analyzing the public disclosure bar channels. The case required the...more

Woods Rogers

What Barbenheimer Can Teach Us About Intellectual Property

Woods Rogers on

Barbenheimer is a new term for consecutively watching the movies “Barbie” and “Oppenheimer.”  In honor thereof, we present the Barbenheimer Legal Alert. Did you know Mattel sued, and lost, to stop the “Barbie Girl” song?...more

McDermott Will & Emery

Not on the Merits: Claim Preclusion Doesn’t Bar Inducement Claims After Direct Infringement Case

McDermott Will & Emery on

Applying Seventh Circuit law to determine whether the dismissal of patent infringement claims should be upheld on the basis of claim preclusion, the US Court of Appeals for the Federal Circuit reversed a district court ruling...more

Bradley Arant Boult Cummings LLP

Not So Exceptional: What Does It Take to Reach the High Bar for Attorney Fees?

The Federal Circuit passed on Pure Hemp’s ask for attorney fees and sanctions in United Cannabis, Corp. v. Pure Hemp Collective Inc., No. 22-1363 (Fed. Cir. May 8, 2023). Agreeing with the district court, the appellate panel...more

McDermott Will & Emery

Blunt Rejection of Attorney Fees in Stipulated Dismissal

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed the rejection of attorney fees, finding that neither inequitable conduct nor a conflict of interest rendered the case exceptional given the limited factual record...more

McDermott Will & Emery

Allegations in Complaint Prevail over Statements in Exhibit

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit, prioritizing specific allegations in the complaint over disclosures in exhibits to the complaint, reversed and remanded a district court decision dismissing an original...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2023 #3

Lite-Netics, LLC v. Nu Tsai Capital LLC, Appeal No. 2023-1146 (Fed. Cir. Feb. 17, 2023) In an appeal from the U.S. District Court for the District of Nebraska, the Federal Circuit addressed whether the district court...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - November 2022

Uniloc USA, Inc. v. Motorola Mobility LLC, Appeal Nos 2021-1555, -1795 (Fed. Cir. Nov. 4, 2022) - Our Case of the Week is ostensibly a case about whether a patent owner has standing to sue when that patent holder has...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Rejects Patentee’s Attempt to Skirt Local Patent Rules in Duplicative Litigation

On September 7, in Arendi S.A.R.L. v. LG Electronics Inc., a Federal Circuit panel affirmed the District of Delaware’s decision dismissing a patent infringement action as duplicative of a co-pending, earlier-filed action. ...more

Smart & Biggar

Ontario Court of Appeal affirms dismissal of Apotex’s Statutes of Monopolies and Trademarks Act claims regarding olanzapine

Smart & Biggar on

On March 8, 2021, the Ontario Superior Court of Justice dismissed Apotex’s claims against Eli Lilly (Lilly) under the Statute of Monopolies, Trademarks Act, and common law conspiracy relating to Canadian Patent No. 2,041,113...more

Smart & Biggar

Federal Court of Appeal upholds invalidity of fampridine patent

Smart & Biggar on

The Federal Court of Appeal (FCA) dismissed an appeal by Biogen and a cross-appeal by Taro from a decision of the Federal Court... dismissing two actions by Biogen under the Patented Medicines (Notice of Compliance)...more

McDermott Will & Emery

Fifth Circuit Affirms Dismissal of Walker Process Claim, Disagrees with Federal Circuit Transfer of Action

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit affirmed a summary judgment order dismissing a Walker Process monopolization action brought by Ronald Chandler and his oilfield service company Chandler Manufacturing...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2022 #2

PATENT CASE OF THE WEEK - Thaler v. Vidal, Appeal No. 2021-2347 (Fed. Cir. Aug. 5, 2022) - In its only precedential patent decision this week, the Federal Circuit answered a question that had long occupied the musings...more

149 Results
 / 
View per page
Page: of 6

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide