News & Analysis as of

Patent Litigation Judgment on the Pleadings

WilmerHale

Federal Circuit Patent Watch: Ordering In-Person Appearance to Testify Regarding Potential Fraud on the Court is within Court's...

WilmerHale on

Precedential and Key Federal Circuit Opinions - 1.  BACKERTOP LICENSING LLC [OPINION] (23-2367, 23-2368, 24-1016, 24-1017 Prost, Hughes, and Stoll) - Hughes, J. The Court affirmed the District Court’s orders (1)...more

Mintz - Intellectual Property Viewpoints

No Pleading, No Problem: Court Denies Motion to Dismiss and Bifurcates Willful Infringement Determination, in Absence of...

Recently in Nike, Inc. v. Skechers U.S.A., Inc., 2:17-cv-08509 (C.D. Cal.) (October 26, 2020), the U.S. District Court for the Central District of California granted-in-part and denied-in-part Defendant, Skechers U.S.A.,...more

Troutman Pepper

Federal Circuit Review - Issue 278

Troutman Pepper on

278-1. Federal Circuit Remands Patent Infringement Case to Answer Patent Ownership and License to Practice Questions - The Federal Circuit recently vacated a grant of summary judgment of non-infringement of a patent,...more

Knobbe Martens

Improvements to Operation of an Apparatus Were Not Abstract

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XY, LLC v. TRANS OVA GENETICS, LC - Before Wallach, Plager, and Stoll. Appeal from the United States District Court for the District of Colorado. Summary: Claims directed to improving a method of operating an apparatus...more

McDonnell Boehnen Hulbert & Berghoff LLP

Electronic Communication Technologies, LLC v. ShoppersChoice.com, LLC (Fed. Cir. 2020)

Electronic Communication Technologies (ECT) sued ShoppersChoice in the Southern District of Florida for allegedly infringing claim 11 of U.S. Patent No. 9,373,261.  The claim recites...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Upholds Application of Dedication-Disclosure Doctrine at the Pleading Stage

On May 8, 2020, the Court of Appeals for the Federal Circuit affirmed the District of Delaware’s application of the disclosure-dedication doctrine in granting a motion for judgment on the pleadings in Eagle Pharmaceuticals...more

Akin Gump Strauss Hauer & Feld LLP

Bases and Esters and Salts . . . Redux! Federal Circuit Affirms Non-Infringement Ruling Because PTE Statute Benefitting Ester Drug...

The Federal Circuit affirmed the grant of a defendant’s Rule 12(c) motion for judgment on the pleadings based on non-infringement, holding that under the plain text of patent term extension (PTE) statute an accused drug...more

McDonnell Boehnen Hulbert & Berghoff LLP

Boehringer Ingelheim Pharmaceuticals Inc. v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2020)

Last month, in Boehringer Ingelheim Pharmaceuticals Inc. v. Mylan Pharmaceuticals Inc., the Federal Circuit reversed a decision by the U.S. District Court for the District of New Jersey finding certain claims of U.S. Patent...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Confirms That Specific Treatments Are Not Abstract Ideas—But They Still Might Be Obvious

The Federal Circuit recently held certain method of treatment claims patent eligible under step one of Alice, reversing a district court’s judgment on the pleadings. In that same case, the Federal Circuit upheld the district...more

Akin Gump Strauss Hauer & Feld LLP

Bases, and Esters, and Salts, Oh My! Limits on PTE Benefits Provide a Drug Applicant with a Winning Non-Infringement Position

Chief Judge Stark granted a defendant’s Rule 12(c) motion for judgment on the pleadings based on non-infringement, holding that plaintiff’s patent term extension (PTE) did not extend to the accused product because the PTE was...more

Holland & Knight LLP

C.D. California: Online Loan Origination Patent Is Abstract and Invalid Under Section 101

Holland & Knight LLP on

Plaintiff brought suit in the U.S. District Court for the Central District of California for alleged infringement of U.S. Patent No. 8,548,902, which related to online loan origination services. The defendant moved for...more

McDermott Will & Emery

Data Processing Software Checks Out as Patent Eligible

McDermott Will & Emery on

Addressing an issue of software subject matter eligibility, the US Court of Appeals for the Federal Circuit reversed the district court’s judgment on the pleadings under 35 USC § 101, finding claims related to error checking...more

Holland & Knight LLP

Fed. Cir. Agrees: Patent Directed to Monitoring Baggage Delivery is an Invalid Abstract Idea

Holland & Knight LLP on

Earlier this month, the Federal Circuit affirmed another District of Delaware decision without a written opinion. The Delaware decision, from January 2019, granted Roadie, Inc.'s motion for judgment on the pleadings, finding...more

Knobbe Martens

Costs Awarded to Defendant After Case Dismissed for Mootness

Knobbe Martens on

B.E. TECHNOLOGY, L.L.C. v. FACEBOOK, INC. Before Lourie, Plager, and O’Malley. Appeal from the United States District Court for the Western District of Tennessee. Summary: A decision on the merits is not a prerequisite...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2019 #2

PATENT CASE OF THE WEEK - HZNP Medicines LLC v. Actavis Laboratories UT, Inc., Appeal Nos. 2017-2149, et al. (Fed. Cir. Oct. 10, 2019) - In a lengthy decision following a bench trial, the Court addressed a matter of...more

Faegre Drinker Biddle & Reath LLP

Lack of Co-ownership for Terminally Disclaimed Patents May Doom a Lawsuit and Result in an Award of Attorneys’ Fees

Can lack of co-ownership for a terminally disclaimed patent render your otherwise well-founded infringement lawsuit baseless, requiring you to pay your adversary’s attorneys’ fees? At present, the answer may depend on the...more

Knobbe Martens

A District Court May Not Ignore a Claim Construction Dispute Raised During a Section 101 Challenge

Knobbe Martens on

MYMAIL, LTD. v. OOVOO, LLC - Before Lourie, O’Malley and Reyna. Appeal from the United States District Court for the Northern District of California. Summary: If the parties litigating a § 101 challenge at the pleading...more

McDermott Will & Emery

A Special “Treatment” for Patent Eligibility

McDermott Will & Emery on

Addressing the patentability of method-of-treatment claims, the US Court of Appeals for the Federal Circuit issued two decision finding such claims patent eligible. Natural Alternatives Int’l, Inc. v. Creative Compounds, LLC,...more

Knobbe Martens

Natural Alternatives International, Inc. v. Creative Compounds, LLC.: Dietary Supplement Containing A Natural Product Incorporated...

Knobbe Martens on

In Natural Alternatives International, Inc. v. Creative Compounds, LLC., Appeal No. 2018-1295, a divided panel of the Federal Circuit reversed and remanded a decision by the District Court for the Southern District of...more

Foley & Lardner LLP

Federal Circuit Protects Novartis Gilenya Patent From Obviousness-Type Double Patenting

Foley & Lardner LLP on

In Novartis AG v. Ezra Ventures LLC, the Federal Circuit addressed “the interplay between a patent term extension (PTE) granted pursuant to 35 U.S.C. § 156 and the obviousness-type double patenting doctrine.” In upholding the...more

Goodwin

Court Denies Judgment on the Pleadings in Amgen v. Mylan

Goodwin on

As we previously reported, Mylan recently filed a motion for judgment on the pleadings regarding Amgen’s assertion of the ’707 Patent, which covers methods related to producing the biosimilar pegfilgrastim. Mylan’s motion...more

Bradley Arant Boult Cummings LLP

Federal Circuit Affirms Decision Finding Telephone Dialing Claims Ineligible

Federal Circuit Decision - Broadsoft, Inc. v. Callwave Communications, LLC, No. 2018-1124, 2018 WL 4999375, at *1 (Fed. Cir. Oct. 16, 2018) (per curiam) (affirming district court’s order finding claims invalid) District...more

Knobbe Martens

Federal Circuit Review - September 2018

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Federal Circuit Finds Claims Issued from Reexamination Co-Pending with Appeal Ineligible Where the Changes Did Not Affect Section 101 Eligibility - In SAP AMERICA, Inc. v. InvestPic, LLC, Appeal No. 2017-2081, the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Circuit Court Cases - October 2018 #3

PATENT CASE OF THE WEEK - Data Engine Technologies, LLC v. Google LLC, Appeal No. 2017-1135 (Fed. Cir. Oct. 9, 2018) - In one of two Section 101 cases this week, the Federal Circuit affirmed-in-part, reversed-in-part, and...more

Knobbe Martens

Data Engine Technologies LLC v. Google LLC

Knobbe Martens on

Federal Circuit Summary - Before Judges Reyna, Bryson, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: A claim that recites a specific method for navigating through...more

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