News & Analysis as of

Federal Rules of Civil Procedure Patent Invalidity

WilmerHale

Federal Circuit Patent Watch: The Party Presentation Rule: Parties Map the Course of Litigation, Not Judges

WilmerHale on

Precedential and Key Federal Circuit Opinions - 1.  ASTELLAS PHARMA v. SANDOZ INC. [OPINION] (2023-2032, 2023-2063, 2023-2089, 9/18/24) (Lourie, Prost, Reyna) - Lourie, J. The Court vacated and remanded the district...more

BakerHostetler

The Federal Circuit Once Again Shows Its Willingness to Reject Conclusory Allegations of Inventiveness

BakerHostetler on

The Federal Circuit recently affirmed a district court’s grant of Zillow Group Inc.’s (“Zillow”) motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) because the two International Business Machines Corporation...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2022 #3

Niazi Licensing Corporation v. St. Jude Medical SC, Inc., Appeal No. 2021-1864 (Fed. Cir. Apr. 11, 2022) - The Federal Circuit’s only precedential patent decision this week comes on appeal from a district court decision...more

WilmerHale

CAFC Patent Cases - May 2021 #2

WilmerHale on

Precedential Federal Circuit Opinions - CAP EXPORT, LLC v. ZINUS, INC. [OPINION]  (2020-2087, 5/5/21) (Dyk, Bryson, Hughes) - Dyk, J. Affirming decision to set aside judgment and injunction pursuant to Federal Rule of...more

Mintz - Intellectual Property Viewpoints

Claim Construction of “Customary and Ordinary” Meaning Does Not Justify Amendment of Noninfringement and Invalidity Contentions

Recently, in a patent infringement action pending in the Eastern District of Michigan, Webasto Thermo & Comfort N. Am., Inc. v. BesTop, Inc., No. 2:16-cv-13456, Order No. 209 (E.D. Mich. May 20, 2019) (Borman, J.), the court...more

McDonnell Boehnen Hulbert & Berghoff LLP

University of Florida Research Foundation, Inc. v. General Electric Co. (Fed. Cir. 2019)

Legal creativity in argument is the lifeblood of the litigator's craft, and nowhere more than in patent litigation in view of the complexities of the law applied to technological fact. But occasionally creative arguments can...more

McDonnell Boehnen Hulbert & Berghoff LLP

Genetic Veterinary Sciences, Inc. v. LABOklin GmbH (E.D. Va. 2018)

Earlier this month, in Genetic Veterinary Sciences, Inc. v. LABOklin GmbH, Senior District Judge Henry Coke Morgan, Jr. of the U.S. District Court for the Eastern District of Virginia granted a motion for judgment as a matter...more

McDonnell Boehnen Hulbert & Berghoff LLP

Ni-Q, LLC v. Prolacta Bioscience, Inc. (D. Or. 2017)

Last week, in Ni-Q, LLC v. Prolacta Bioscience, Inc., District Judge Michael H. Simon of the U.S. District Court for the District of Oregon denied a motion for judgment on the pleadings under Rule 12(c) of the Federal Rules...more

McDonnell Boehnen Hulbert & Berghoff LLP

Tranxition, Inc. v. Lenovo (United States) Inc. (Fed. Cir. 2016)

Federal Circuit Finds Another Software Patent Invalid under Section 101 - The U.S. Court of Appeals for the Federal Circuit issued a recent non-precedential decision in a case captioned Tranxition, Inc. v. Lenovo (United...more

McDonnell Boehnen Hulbert & Berghoff LLP

FairWarning IP, LLC v. Iatric Systems, Inc. (Fed. Cir. 2016) - Rule-Based Data Processing Patent Held to Be Directed to...

On October 11, 2016, the Federal Circuit issued a precedential opinion in FairWarning IP, LLC v. Iatric Systems, Inc. affirming dismissal of a patent infringement suit brought by FairWarning holding that the asserted patent,...more

McDermott Will & Emery

ANDA Update - October 2015

McDermott Will & Emery on

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - September 2015 #2

FEDERAL CIRCUIT CASES - Federal Circuit Reverses Obviousness Ruling on Medical Device Patents - On September 8, 2015, the Federal Circuit reversed a district court’s summary judgment ruling invalidating three...more

Troutman Pepper

Rebalancing Your IP Portfolio

Troutman Pepper on

Financial advisors often advise their clients to maintain a balanced investment portfolio. Occasionally these advisors recommend rebalancing the investments within a portfolio to account for changes in market conditions. ...more

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