News & Analysis as of

Patent Trial and Appeal Board Patent Infringement Patent-in-Suit

Jones Day

IPR Estoppel in Action

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Recently, District Court Judge Thomas S. Zilly in the Western District of Washington granted Ironburg Inventions Ltd.’s (“Ironburg”) motion for inter partes review (“IPR”) estoppelpursuant to 35 U.S.C. § 315(e)(2), which...more

WilmerHale

Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness as “Improperly Rigid”

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Precedential and Key Federal Circuit Opinions - LKQ CORPORATION v. GM GLOBAL TECHNOLOGY OPERATIONS LLC [OPINION] (2021-2348, 5/21/24) Moore, Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, and Stark - Stoll,...more

Patterson Belknap Webb & Tyler LLP

Judge McMahon Rules on Motions in Limine

On January 5, 2024, Judge McMahon (S.D.N.Y.) decided Plaintiff GeigTech East Bay LLC (“GeigTech”)’s and Defendant Lutron Electronics Co. (“Lutron”)’s motions in limine....more

Jones Day

Motion to Amend: Much to Admire?

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Motions to amend (MTA) are becoming a more frequently used tool for patent owners litigating before the Patent Trial and Appeal Board (PTAB). When a patent is being challenged in an inter partes review (IPR) or post-grant...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2023 #3

Sequoia Technology, LLC v. Dell, Inc., Appeal Nos. 2021-2263, -2264, -2265, -2266 (Fed. Cir. April 12, 2023) In an appeal from a stipulated judgment of noninfringement and invalidity following an adverse claim construction...more

Robins Kaplan LLP

Sanofi-Aventis U.S. LLC v. Apotex Corp. Jevtana® (Cabazitaxel)

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Case Name: Sanofi-Aventis U.S. LLC v. Apotex Corp., C.A. No. 20-cv-804-RGA, 2022 WL 2643532 (D. Del. July 8, 2022) (Hall, J.)  Drug Product and Patent(s)-in-Suit: Jevtana® (cabazitaxel); U.S. Patents Nos. 8,927,592 (“the ’592...more

Goldberg Segalla

Federal Circuit Clarifies IPR Estoppel and Vacates $1.1 Billion Verdict in Favor of Caltech Due to Improper Damages Theory

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On February 4, 2022, the Federal Circuit clarified that IPR estoppel extends to all claims and invalidity grounds that the petitioner could have reasonably asserted in its IPR petition. ...more

Robins Kaplan LLP

New ANDA Cases - Spring 2021

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This chart summarizes the case name, presiding judge, drug, and patents-at-issue in all federal district court cases that are filed pursuant to the Hatch-Waxman Act. It also includes the same information for proceedings...more

Robins Kaplan LLP

New ANDA Cases - Winter 2021

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Federal District Court Cases That Are Filed Pursuant To The Hatch-Waxman Act - This chart summarizes the case name, presiding judge, drug, and patents-at-issue in all federal district court cases that are filed pursuant to...more

Robins Kaplan LLP

Sanofi-Aventis U.S., LLC v. Dr. Reddy’s Labs., Inc.

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PLAINTIFF’S DISCLAIMER OF CLAIMS FOUND INVALID BY THE PTAB MOOTED ANY CONTROVERSY BEFORE THE APPELLATE COURT ASSOCIATED WITH THAT PATENT, AND A SECOND PATENT-IN-SUIT WAS NOT INVALID BECAUSE THE DISTRICT COURT DID NOT ERR IN...more

Jones Day

Federal Court Relies on PTAB Findings in Denying Section 101 Summary Judgment Motion

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Despite the prohibition on patenting “abstract ideas” and the tendency of computer software claims to fall into that category, claims directed at improving faulty software systems may still be patentable if they encompass an...more

Robins Kaplan LLP

BTG Int’l Ltd. v. Amneal Pharms. LLC

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Case Name: BTG Int’l Ltd. v. Amneal Pharms. LLC, 923 F.3d 1063, 2019 U.S. App. LEXIS 14241 (Fed. Cir. May 14, 2019) (Circuit Judges Moore, Wallach, and Chen presiding; Opinion by Wallach) (Appeal from D.N.J., McNulty, J.;...more

Alston & Bird

Patent Case Summaries

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A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board....more

Alston & Bird

Patent Case Summaries

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A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board....more

Patterson Belknap Webb & Tyler LLP

PTAB Holds Indian Tribes Don’t Offer an Out from IPR

In a highly anticipated decision on the Saint Regis Mohawk Tribe’s motion to terminate inter partes review proceedings, the Patent Trial and Appeal Board rejected tribal sovereign immunity to IPRs. The PTAB’s decision also...more

Jones Day

IPR Proceedings: Extrinsic or Intrinsic Evidence for Claim Construction?

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In district courts’ claim construction analyses, intrinsic evidence is of paramount importance. Although extrinsic evidence “may be useful to the court,” it is considered “less significant” than the claim language,...more

Troutman Pepper

Allergan’s Mohawk Gambit May Be Doomed – PTAB Rethinks the Scope of Sovereign Immunity

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A few months ago, the Irish drug company Allergan moved to shield its key patents on its dry-eye drug Restasis from challenge at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent Office by assigning these patents to...more

Patterson Belknap Webb & Tyler LLP

4 Out of 5 IPRs Ain’t Bad: Judge Oetken Grants Motion to Stay Pending Resolution of IPR Proceedings Despite Advanced Stage of...

On October 27, 2016, District Judge J. Paul Oetken (S.D.N.Y.) granted defendant Comcast Corp.'s ("Comcast") motion to stay the case pending resolution of inter partes review ("IPR") proceedings instituted by the Patent Trial...more

Knobbe Martens

Sportbrain Sues Smartwatch Manufacturers, PTAB institutes IPR against Patent-in-Suit

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Sportbrain Holdings LLC (“Sportbrain”) is a company that was previously engaged in the business of selling fitness trackers. Sportbrain recently sued eight smartwatch manufacturers for alleged infringement of its U.S. Patent...more

Robins Kaplan LLP

Roxane Labs., Inc. v. Camber Pharms. Inc.

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Case Name: Roxane Labs., Inc. v. Camber Pharms. Inc., No. 2016-1028, 2016 U.S. App. LEXIS 20590 (Fed. Cir. Nov. 17, 2016) (Circuit Judges Lourie, Mayer, and O’Malley presiding; Opinion by Lourie, J.) (Appeal from D.N.J.,...more

Morris James LLP

Court Considers 29 Motions Relating To Five Patents-In-Suit

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Robinson, J. 29 motions regarding various data devices and computer-related technologies including: ATA device control; method for configuring an intelligent low power serial bus; memory architecture and devices, systems and...more

Patterson Belknap Webb & Tyler LLP

Judge Nathan Grants Stay Pending Appeal of PTAB’s Inter Partes Review Decisions

On October 18, District Judge Alison J. Nathan (S.D.N.Y.) granted defendants Verizon Communications Inc.’s, Verizon Services Corp.’s, Verizon Business Network Services Inc.’s, and Cellco Partnership’s (collectively,...more

Morris James LLP

Court Upholds Jury’s Verdict Finding Infringement Of Valid Patents.

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Interdigital Communications, Inc., et al. v. ZTE Corporation, et al., C.A. No. 13-0009 - RGA, March 18, 2016 - Andrews, J. Defendants’ motion for judgment as a matter of law or new trial is denied with respect to two of...more

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