The U.S. District Court for the District of Delaware recently rejected a plaintiff’s attempt to add to its complaint claims of induced infringement and enhanced damages based on pre-suit conduct. Specifically, the court held...more
The Patent Trial and Appeal Board (PTAB or Board) denied a patent owner’s request for discretionary denial of a second petition to the same patent as the first petition where patent owner itself asserted the claims of the...more
A federal judge in the Eastern District of Virginia granted defendant Amazon.com, Inc.’s motion for attorneys’ fees under 35 U.S.C. § 285, ordering plaintiff Innovation Sciences, LLC to pay over $700,000 in fees that accrued...more
In a precedential decision in HVLPO2, LLC v. Oxygen Frog, LLC, the Federal Circuit held that non-expert testimony on obviousness is inadmissible, further finding that the district court abused its discretion by allowing a lay...more
3/2/2020
/ Abuse of Discretion ,
Expert Testimony ,
Eyewitness Testimony ,
FRCP 26 ,
Motion For New Trial ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Validity ,
Patents ,
Rule of Evidence 702
In a January 14, 2020, order, the Northern District of Illinois granted in part and denied in part, a plaintiff’s motion to compel the production of documents withheld as privileged. The court found that an email between the...more
Although a valid license can provide a complete defense to patent infringement, the tangled web created when the defense is predicated on a sublicensee’s rights following bankruptcy of the sublicensor may preclude resolution...more
The Federal Circuit recently affirmed a district court’s determination, holding a group of patents invalid for indefiniteness.
In December 2014, HZNP Medicines LLC (“Horizon”) brought suit against Actavis Laboratories UT,...more
11/11/2019
/ Abbreviated New Drug Application (ANDA) ,
Appeals ,
Generic Drugs ,
Indefiniteness ,
Patent Applications ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
POSITA ,
Summary Judgment