Speculative Evidence of Irreparable Harm Sinks Bayer's Request for Permanent Injunction -
Bayer Pharma AG, et al. v. Watson Laboratories, Inc. (D. Del. December 28, 2016) -
Applying the eBay factors to Plaintiff...more
3/22/2017
/ Abbreviated New Drug Application (ANDA) ,
Bayer ,
Class Action ,
Depositions ,
Divided Infringement ,
Food and Drug Administration (FDA) ,
Inducement ,
Method Claims ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pay-For-Delay ,
Permanent Injunctions ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prior Art
Addressing the issue of divided infringement, the US Court of Appeals for the Federal Circuit affirmed the district court’s finding of induced infringement even though no single actor performed all steps of the asserted...more
Addressing default judgment and injunction issues, the US Court of Appeals for the Federal Circuit affirmed the district court’s grant of a default judgment and permanent injunction stemming from a series of delays, missed...more
Over a vigorous dissent, the US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB or Board) decision affirming rejection of all pending claims of a patent as being obvious, as supported...more
Confirming that the same panel of judges at the Patent Trial and Appeal Board (PTAB or Board) has the authority to institute America Invents Act (AIA) reviews and make a final determination on the merits, the US Court of...more
Addressing claim construction issues, the U.S. Court of Appeals for the Federal Circuit affirmed in part, reversed in part and remanded a district court’s summary judgment rulings finding that the district court did not...more
Addressing the issue of obviousness, the U.S. Court of Appeals for the Federal Circuit held that the district court erred in granting summary judgment of invalidity because plaintiff patentee established a genuine issue of...more
Addressing issues of claim construction, the U.S. Court of Appeals for the Federal Circuit recently reversed the decisions of two district courts, shedding some light on the impact of the Teva decision on its claim...more
Addressing the issue of subject matter jurisdiction in Hatch-Waxman litigation, the U.S. Court of Appeals for the Federal Circuit reversed a district court’s dismissal for lack of case or controversy of an action seeking...more
5/8/2015
/ Abbreviated New Drug Application (ANDA) ,
Apotex ,
Declaratory Judgments ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Hatch-Waxman ,
Intellectual Property Litigation ,
Justiciable Controversy ,
Mylan Pharmaceuticals ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Prescription Drugs
e.Digital Corp. v. Futurewei Technologies, Inc. -
Addressing the issue of collateral estoppel as it relates to an earlier claim construction, the U.S. Court of Appeals for the Federal Circuit affirmed-in-part and...more
Am. Calcar, Inc. v. Am. Honda Motor Co., Inc. -
In a post-Therasense decision, addressing the issue of inequitable conduct the U.S. Court of Appeals for the Federal Circuit upheld a district court’s finding that the...more
Patents/Preliminary Injunction:
Preliminary Injunction Ordered Based on Appellate Claim Construction Aria Diagnostics, Inc. v. Sequenom, Inc. -
Addressing a preliminary injunction filed by a defendant in a...more
10/1/2013
/ Claim Construction ,
Copyright ,
Expert Testimony ,
Fair Use ,
Governmental Immunity ,
Governmental Liability ,
Infringement ,
Inter Partes Reexamination ,
International Trade Commission (ITC) ,
Jurisdiction ,
Obviousness ,
Patent Term Adjustment ,
Patents ,
Preliminary Injunctions ,
Registration ,
SCOTUS ,
Sovereign Immunity ,
Theft ,
Trade Secrets ,
Trademarks ,
USPTO ,
Work-For-Hire
Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies: Bowman v. Monsanto Co. -
In a narrow ruling that reaffirms the scope of patent protection over seeds, and possibly over other...more
5/31/2013
/ Arbitration ,
Bowman v Monsanto ,
Claim Construction ,
CLS Bank ,
CLS Bank v Alice Corp ,
Copyright ,
FRAND ,
Genetically Engineered Seed ,
Infringement ,
Monsanto ,
Obviousness ,
Patent Exhaustion ,
Patents ,
SCOTUS ,
Standard Essential Patents ,
Standing ,
Trademarks
IN THIS ISSUE:
Patents -
Federal Circuit Clarifies ITC Domestic Industry Requirement for Non-Practicing Entities; Permanent Injunctions on the Rise?; Sanctioned Parties in Exceptional Cases Continue to Get Fresh...more
IN THIS ISSUE:
Patents -
..Is It Time to Take a New Look at Appellate Review of PTO Claim Construction?
..Limits on the Use of the Disclosure-Dedication Rule Under Doctrine of Equivalents
..Causal...more