A district court has denied a patent owner’s motion to strike wholesale a defendant’s affirmative defense of invalidity. The key issue in the motion to strike was the application of the estoppel provision of 35 U.S.C. §...more
11/13/2019
/ Affirmative Defenses ,
Estoppel ,
Evidence ,
Final Written Decisions ,
FRCP 12(f) ,
Inter Partes Review (IPR) Proceeding ,
Motion To Strike ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Pleadings ,
Post-Grant Review ,
Prior Art ,
Question of Fact ,
Section 101
The Patent Trial and Appeal Board has granted in part a Patent Owner’s motion to strike Petitioner’s Reply for improperly raising new arguments and citing new evidence. The Board, however, declined to throw out the entirety...more
10/14/2019
/ Expert Testimony ,
Inter Partes Review (IPR) Proceeding ,
Motion To Strike ,
Obviousness ,
Patent Litigation ,
Patent Prosecution History ,
Patent Trial and Appeal Board ,
Patents ,
Petitioner Reply Briefs ,
Prior Art ,
SAS Institute Inc. v Iancu ,
State of the Art Defense
The Federal Circuit ruled that when a defendant is incorporated in a state that has multiple judicial districts, the defendant will reside in only one of the districts for venue purposes under the patent venue statute, 28...more
A judge has ordered that an alleged infringer’s product must be presumed to have been made using a patented process, thereby shifting the burden of proof on the issue of infringement from the patent holder to the alleged...more
A Patent Trial and Appeal Board (PTAB) panel has denied institution of an inter partes review proceeding because the petitioner did not establish that key references were properly qualified as printed publications under 35...more
A judge in the Northern District of California has enjoined a group of defendants from selling a laboratory DNA sequencing machine. The plaintiff first asserted the patent against one defendant in litigation in the District...more
A judge in the Western District of Michigan enjoined a roofing manufacturer’s infringing and directly-competing vented soffit product, but denied the patentee’s request for a complete product recall....more
FEDERAL CIRCUIT -
Federal Circuit Lacks Authority to Review Denial of Institution of IPR on Some, but Not All, Raised Grounds -
In an appeal of a decision by the Patent Trial and Appeal Board (PTAB) denying the...more
FEDERAL CIRCUIT CASES -
“Bust!” — Federal Circuit Deals Tough News to Inventors of Card Game -
The Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB) determination of unpatentability for claims...more
DISTRICT COURT CASES -
Attorney’s Fees Awarded Against Plaintiff for Inadequate Pre-Filing Investigation and Meritless Post-Discovery Positions -
A judge in the U.S. District Court for the Central District of...more
FEDERAL CIRCUIT CASES -
Federal Circuit Quashes $287 Million Enhanced Damages Award Finding Objectively Reasonable Defenses Raised During Litigation -
The Federal Circuit has reversed a district court’s award of...more
8/17/2015
/ America Invents Act ,
Appeals ,
Carnegie Mellon ,
Covered Business Method Proceedings ,
Damages ,
De Novo Standard of Review ,
Ford Motor ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Real Party in Interest ,
Standing ,
Willful Infringement
DISTRICT COURT CASES -
Humanized Antibody Not Found to Infringe Under DOE -
A district court judge granted UCB, Inc.’s (plaintiff) motion for summary judgment that its Cimzia® product, a humanized monoclonal...more
U.S. SUPREME COURT CASES -
B&B Hardware, Inc. v. Hargis Industries, Inc., Potential Issue Preclusion on Likelihood of Confusion Rulings -
On March 24, 2015, the United States Supreme Court ruled that that a...more
FEDERAL CIRCUIT CASES -
Federal Circuit Explains the Role of Actual Profits in Reasonable Royalty Calculations and the Relationship Between Preliminary Injunctions and Willful Infringement -
On December 22,...more