News & Analysis as of

Patent Litigation Patents Subject Matter Jurisdiction

Sheppard Mullin Richter & Hampton LLP

Understanding Constitutional Standing: A Review of a Recent Federal Circuit Decision

In Intellectual Tech v. Zebra Technologies 2022-2207 (Fed. Cir. May 1, 2024), the Federal Circuit addressed a district court’s determination that the patent owner plaintiff lacked constitutional standing because it was...more

Morrison & Foerster LLP

Federal Circuit Wades Into Article III Standing in Patent Cases Once Again

In the precedential decision of Intellectual Tech LLC v. Zebra Techs. Corp., the U.S. Court of Appeals for the Federal Circuit reversed a ruling from the U.S. District Court for the Western District of Texas that dismissed a...more

McDermott Will & Emery

Standing Ovation…Denied!

The US Court of Appeals for the Federal Circuit reversed a district court’s decision in a patent dispute for a lack of subject matter jurisdiction because the plaintiff lacked constitutional and statutory standing....more

Akin Gump Strauss Hauer & Feld LLP

Generic’s Conversion from Paragraph IV to Section viii Upends Subject Matter Jurisdiction on Declaratory Judgment Counterclaims

The District Court of Delaware dismissed a generic drug company’s declaratory judgment counterclaims of non-infringement and invalidity, finding that the court no longer had subject matter jurisdiction after the generic...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (October 10 – October 14): Intrigue, Espionage, Judicial Review, and Administrative Law

The Supreme Court term has started, and the Court once again seems to be dipping its toes in the water with more CVSGs in 101 cases. Maybe this time the Court will take the plunge. For our case of the week—our highly...more

McDermott Will & Emery

Oh Snap: Sufficient Reasoning Must Support Declaratory Judgment Dismissal

The US Court of Appeals for the Federal Circuit vacated and remanded the dismissal of a declaratory judgment action because the district court failed to sufficiently support its decision. Mitek Systems, Inc. v. United...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - May 2022 #3

Mitek Systems, Inc. v. United Services Automobile Association, Appeal No. 2021-1989 (Fed. Cir. May 20, 2022) - Our Case of the Week this week is a declaratory judgment action brought against USAA. In a 27-page opinion,...more

Knobbe Martens

It Is Not Controversial: Factual and Legal Specificity Needed in Standing Dismissals

Knobbe Martens on

MITEK SYS., INC. V. UNITED SERVS. AUTO. ASS’N - Before Dyk, Taranto, and Cunningham.  Appeal from the U.S. District Court for the Eastern District of Texas. Summary:  Declaratory judgment plaintiffs must identify...more

Goodwin

Litigation Update: AbbVie v. Alvotech hf (Adalimumab)

Goodwin on

We have previously reported on AbbVie’s first and second wave suits against Alvotech hf (Alvotech) in the Northern District of Illinois regarding an adalimumab biosimilar. In the first wave suit, on October 5, 2021 AbbVie...more

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

PTAB Strategies and Insights - November 2021: Are Institution Decisions Set in Stone?

The Leahy-Smith America Invents Act granted the Patent Office authority to issue “regulations . . . establishing and governing inter partes review.” 35 U.S.C § 316(a)(4). For the Patent Trial and Appeal Board (“Board”) to...more

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

PTAB Strategies and Insights - November 2021

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2021 #2

Kannuu Pty Ltd. v. Samsung Electronics Co., Appeal No. 2021-1638 (Fed. Cir. Oct. 7, 2021) - In our Case of the Week, the Federal Circuit addressed whether a forum selection clause in an NDA may prohibit a party from...more

Kramer Levin Naftalis & Frankel LLP

Northern District of Illinois Holds That a Biosimilar Applicant Is Not a Necessary Party to a BPCIA Lawsuit

On Aug. 23, 2021, the U.S. District Court for the Northern District of Illinois denied Alvotech hf.’s motion to dismiss AbbVie’s biosimilar lawsuit involving its blockbuster arthritis drug, Humira. AbbVie Inc. et al. v....more

Schwabe, Williamson & Wyatt PC

‎Latest Federal Court Cases - August 2021 #2

Our Case of the Week this week is a re-write of our Case of the Week on October 5, 2020. The case involves a drug that could be used for multiple therapeutic purposes. A patent covered use of the product for a specific...more

Fish & Richardson

EDTX & NDTX Monthly Wrap-Up: July 2021

Fish & Richardson on

This month’s EDTX & NDTX Wrap-Up summarizes two decisions from the Eastern District of Texas that issued in late June and in July. In the first decision, Judge Schroeder addresses the scope of IPR estoppel related to system...more

McDermott Will & Emery

Federal Circuit Lacks Appellate Jurisdiction over Standalone Walker Process Claims

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit ordered the transfer of a case asserting standalone Walker Process antitrust claims involving an unenforceable patent to the regional circuit, in this case the US Court of...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - June 2021 #3

Ronald Chandler v. Phoenix Services LLC, Appeal No. 2020-1848 (Fed. Cir. June 10, 2021) - In this week’s Case of the Week, the Federal Circuit addressed the ongoing question of its subject matter jurisdiction over cases...more

Knobbe Martens

Federal Circuit Lacks Jurisdiction Over Standalone Antitrust Claim Concerning An Unenforceable Patent

Knobbe Martens on

CHANDLER v. PHOENIX SERVICES LLC - Before Chen, Wallach, and Hughes. Appeal from the United States District Court for the Northern District of Texas. Summary: The Federal Circuit lacks subject matter jurisdiction...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions: Security People, Inc. v. Iancu, 971 F.3d 1355...

Security People lost an inter partes review (IPR) and appealed to the Federal Circuit. It lost that appeal and was denied certiorari at the Supreme Court. Security People never raised constitutional arguments in any of these...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...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

Troutman Pepper

Federal Circuit Review - Issue 273

Troutman Pepper on

273-1 Federal Circuit Holds University of Texas is Immune from Involuntary Joiner, Holds Case against Potential Infringer may Proceed in School’s Absence - The Federal Circuit recently affirmed-in-part, reversed-in-part,...more

Fish & Richardson

The Patent Litigation Process: The Complaint

Fish & Richardson on

Like all litigation, patent litigation begins when a plaintiff files a complaint against a defendant. Typically, a patentee or a licensee files a complaint for patent infringement. When drafting a complaint, the plaintiff...more

Knobbe Martens

Courts Have No Jurisdiction Over Challenge to PTO Action Before Final Agency Decision

Knobbe Martens on

ODYSSEY LOGISTICS AND TECH. v. IANCU - Before Lourie, Reyna and Hughes. Appeal from the United States District Court for the Eastern District of Virginia. Summary: PTO procedural actions are not appealable before the...more

Knobbe Martens

Facts in Complaint That Arguably Show Patent Ownership Are Sufficient to Confer Standing

Knobbe Martens on

SCHWENDIMANN V. ARKWRIGHT ADVANCED COATING, INC. Before Wallach, Reyna, and O’Malley. Appeal from the United States District Court for the District of Minnesota. Summary: Exclusionary rights in a patent are a...more

61 Results
 / 
View per page
Page: of 3

"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