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Patent Litigation Stays Patents

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: October 2024

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This post summarizes two federal patent cases from the Eastern District and Western District of Texas issued in October 2024. The decisions considered the defendants’ motions to stay the cases pending the resolution of inter...more

Robins Kaplan LLP

Novartis Pharms. Corp. v. Hetero USA Inc. - Entresto® (sacubitril/valsartan)

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Case Name: Novartis Pharms. Corp. v. Hetero USA Inc., Civ. No. 20-md-2930-RGA, 2024 WL 3757086 (D. Del. Aug. 12, 2024)....more

Goodwin

PTAB Institutes Sarepta’s IPR

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As we previously reported, REGENXBIO’s litigation against Sarepta, alleging infringement of U.S. Patent No. 11,680,274 (the “’274 patent”) by Sarepta’s gene therapy product, was stayed pending resolution of Sarepta’s IPR...more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: July 2024

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Our Texas Patent Litigation Monthly Wrap-Up for July 2024 covers three decisions of interest from the Eastern District of Texas granting motions related to subject matter eligibility, stays pending inter partes review (IPR),...more

Patterson Belknap Webb & Tyler LLP

Time May Not Be on Your Side: Judge Ho Allows the Addition of New Parties Discovered During Stay

Defendants in patent cases should be wary of the possibility that a plaintiff will attempt to add new defendants after a stay for inter partes review is lifted. In a pending case involving patents directed to “space...more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: May 2024

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The Texas Patent Litigation Monthly Wrap-Up for May 2024 covers three decisions addressing amendments to infringement contentions, stays while similar actions proceed, and personal jurisdiction over holding companies....more

Akin Gump Strauss Hauer & Feld LLP

Defendant’s Non-Party Status to IPRs Dooms Stay Request, Despite Agreement to Be Bound by IPR Estoppel

The Western District of Texas recently denied a defendant’s motion to stay pending inter partes review based in part on the defendant’s status as a non-party in the IPR proceedings. In doing so, the district court focused on...more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: April 2023

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Four subjects stood out in patent litigation in Texas in April 2023: (1) applicability of the customer-suit exception to the first-to-file rule; (2) the level of ties a reasonable royalty methodology must have to the facts of...more

Dunlap Bennett & Ludwig PLLC

Is Change Coming to Waco? Judge Albright Grants Five Stays for PTAB Review

On December 20, 2021, in an uncommon move and without much explanation, U.S. District Judge Alan Albright granted five requests for stays while the Patent Trial and Appeal Board (PTAB) reviews the patent at issue (U.S. Patent...more

Jones Day

Fintiv Discretionary Denials Remain In Play

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F5 Networks, Inc. (“Petitioner”) filed a Petition requesting an IPR.  WSOU Investments, LLC d/b/a/ Brazos Licensing and Development (“Patent Owner”) filed a Preliminary Response. ...more

Jones Day

PTAB Lifts Arthrex Remand Stay

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On October 26, 2021, Chief Administrative Patent Judge (“APJ”) Boalick lifted a May 1, 2020 stay issued by the PTAB pending the Supreme Court’s consideration of Arthrex in which 103 cases were placed in “administrative...more

Goodwin

Amgen v. Hospira Pegfilgrastim Case Stayed Pending Potential Summary Judgment Practice

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On June 16, 2021, the District Court for the District of Delaware issued a claim construction order construing a key term in the ongoing patent dispute between Amgen and Hospira over Hospira’s proposed biosimilar of Amgen’s...more

Porter Hedges LLP

To Stay Or Not To Stay: The Impact Of IPRs On Patent Litigation

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Over the course of the past year, trial attorneys in state and federal courts have seen cases effectively stayed by COVID-related delays. COVID hampered in-person discovery and caused courts to re-set jury trial dates. Such...more

Saiber LLC

District of New Jersey Decision Helps Clarify Standards for Lifting Federal Litigation Stay Based on Concurrent PTAB Proceedings

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In a recent decision, Judge Brian R. Martinotti affirmed Magistrate Judge Douglas E. Arpert’s order denying plaintiffs’ motion for leave to amend its complaint.  Plaintiffs were attempting to remove their patent infringement...more

Jones Day

Staying Still: District Court Extends Stay Pending Appeal

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District courts commonly stay patent litigation cases pending inter parties review (IPR) that assesses the validity of the patents-in-suit before the Patent Trial and Appeal Board (PTAB). Such stay may be lifted or extended...more

Akin Gump Strauss Hauer & Feld LLP

N.D. Ill.: Neither Statutory Estoppel nor “Misleading” Statements Regarding Its Scope Sufficient to Knock Out Invalidity Defenses

A district court has ruled that the scope of IPR estoppel under 35 U.S.C. § 315(e)(2) did not apply to invalidity grounds that relied on physical products. The court also declined to apply judicial estoppel, notwithstanding...more

Knobbe Martens

Stay of District Court Proceedings Followed by a Voluntary Dismissal Is Not a Final Court Decision Under 35 U.S.C. § 285

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O.F. MOSSBERG & SONS, INC. v. TIMNEY TRIGGERS, LLC - Before Lourie, Reyna, and Hughes. Appeal from the United States District Court for the District of Connecticut. Summary: A stay, followed by a voluntary dismissal,...more

Troutman Pepper

U.S. Government in Search of Arthrex Reversal

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Image Processing Technologies LLC v. Samsung Electronics Co., LTD. et al., Appeal Nos. 2018-2156, 2019-1408, 2019-1485 (Fed. Cir. March 2, 2020). The Federal Circuit vacated and remanded the PTAB’s decisions against Image...more

Patterson Belknap Webb & Tyler LLP

Stay In Place: Judge Azrack Declines to Lift Stay Until Federal Circuit Weighs In

On August 6, 2019, United States District Judge Joan M. Azrack denied Plaintiff Andrea Electronics Corporation (“Andrea”)’s motion to lift the stay in Andrea Electronics Corp. v. Apple Inc., No. 16-cv-5220 (E.D.N.Y.) and,...more

Akin Gump Strauss Hauer & Feld LLP

Lift of Stay Disallowed by District Court Post-SAS in View of PTAB’s Final Written Decision Lacking Non-Instituted Claims

The Delaware District Court issued an order on June 7, 2018 denying a party’s motion to lift a stay following the Patent Trial and Appeal Board’s (PTAB) final written decision in a parallel inter partes review (IPR)...more

Knobbe Martens

01 Communique Laboratory, Inc. v. Citrix Systems, Inc.

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Federal Circuit Summaries - Before Newman, Mayer, and Stoll. Appeal from the U.S. District Court for the Northern District of Ohio. Summary: While there is not a “practicing the prior art” defense to literal...more

Goodwin

CD Cal Stays Dismissal of Amgen DJ Complaint Pending Delaware Decision on Genentech’s Motion to Transfer in MVASI® litigation

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As we previously reported, on October 6, 2017, Amgen and Genentech filed separate lawsuits regarding Amgen’s bevacizumab biosimilar (MVASI®), with Amgen filing for declaratory judgment in C.D. Cal. of non-infringement,...more

Patterson Belknap Webb & Tyler LLP

Judge Oetken sua sponte Stays Case Pending Ex Parte Reexamination after Three Previous Denials

On August 2, 2017, Judge J. Paul Oetken (S.D.N.Y.) denied Plaintiff Infinity Headwear & Apparel, LLC’s (“Infinity”) motion for summary judgment as to patent infringement, false patent marking and false advertising and denied...more

Mintz - Intellectual Property Viewpoints

PTAB Invalidates Two Cisco Patents Found Valid and Infringed at the ITC

The Patent Trial and Appeal Board (“PTAB”) issued Final Written Decisions regarding Cisco’s U.S. Patent Nos. 6,377,577 (the “’577 Patent”) and 7,023,853 (the “’853 Patent”) on May 25, 2017 and U.S. Patent No. 7,224,668 (the...more

Schwabe, Williamson & Wyatt PC

Summaries of All Supreme Court and Precedential Federal Circuit Patent Cases Decided Since Jun. 1, 2016

This paper is based on reports on precedential patent cases decided by the Federal Circuit distributed by Peter Heuser on a weekly basis. ...more

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