News & Analysis as of

Patents Standing Patent-in-Suit

WilmerHale

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

WilmerHale on

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

Jones Day

Expired Patents Can Be Challenged

Jones Day on

Although it may seem counterintuitive, the PTAB has jurisdiction over expired patents, and patent owners may need to defend their expired patents in inter partes review. The PTAB recently reiterated this in Apple, Inc. v....more

Haug Partners LLP

Threshold Issues, Misdirected Lawyering, and a Frustrated Federal Circuit

Haug Partners LLP on

The Federal Circuit, in an opinion by Judge O’Malley, did not hold back in expressing its displeasure in being asked to resolve a claim construction dispute in AntennaSys, Inc., v. AQYR Technologies, Inc. and Windmill...more

Robins Kaplan LLP

Apotex Inc. v. Alcon Research, Ltd.

Robins Kaplan LLP on

Case Name: Apotex Inc. v. Alcon Research, Ltd., No. 16-3145-WTL-MJD, 2017 U.S. Dist. LEXIS 27016 (S.D. Ind. Feb. 27, 2017) (Lawrence, J.). Drug Product and Patent(s)-in-Suit: Pataday® (olopatadine); U.S. Patents Nos....more

McDermott Will & Emery

To Confer Standing, Assignment Must Transfer Entire Exclusive Right

Addressing the issue of standing, the US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a patent case brought by an exclusive licensee, finding that the original assignee had not transferred...more

Morris James LLP

Plaintiff Has Standing To Sue For Infringement Of Deduplication Patents

Morris James LLP on

EMC Corporation, et al. v. Pure Storage, Inc., C.A. No. 13-1985 - RGA, February 29, 2016 - Andrews, J. Court finds plaintiff has standing to sue - The disputed technology relates to deduplications. ...more

Foley & Lardner LLP

Inventorship, Ownership Issues Cause Dismissal of Suit

Foley & Lardner LLP on

On July 22, 2015, the U.S. District Court for the District of Maryland dismissed a long standing patent infringement suit brought by StemCells, Inc. against Neuralstem, Inc., on the ground that all those with an ownership...more

Knobbe Martens

Federal Circuit Review | July 2015

Knobbe Martens on

Nunc Pro Tunc Assignments Insufficient To Confer Retroactive Standing - In ALPS SOUTH, LLC v. OHIO WILLOW WOOD CO., Appeal Nos. 2013-1452, 2013-1488, 2014-1147, and 2014-1426, the Federal Circuit reversed the denial of a...more

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