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Takeda Pharms. U.S.A., Inc. v. West-ward Pharm. Corp.

Case Name: Takeda Pharms. U.S.A., Inc. v. West-ward Pharm. Corp., Civ. No. 14-1268-SLR, 2016 U.S. Dist. LEXIS 65317 (D. Del. May 18, 2016) (Robinson, J.) - Drug Product and Patent(s)-in-Suit: Colcrys® (colchicine); U.S....more

Ferring B.V. v. Actavis, Inc.

Case Name: Ferring B.V. v. Actavis, Inc., Civil No. 15-4222 (SRC)(CLW), 2016 U.S. Dist. LEXIS 69328 (D.N.J. May 26, 2016) (Chesler, J.) - Drug Product and Patents-in-Suit: Lysteda® (tranexamic acid); U.S. Patent No....more

Reckitt Benckiser Pharms, Inc. v. Watson Labs., Inc.

Case Name: Reckitt Benckiser Pharms, Inc. v. Watson Labs., Inc., Civil No. 13-1674-RGA, 2016 U.S. Dist. LEXIS 72391 (D. Del. June 3, 2016) (Andrews, J.) - Drug Product and Patent(s)-in-Suit: Suboxone® (buprenorphine HCl...more

In Re Bendamustine Consolidated Cases

Case Name: In Re Bendamustine Consolidated Cases, No. 13-2046-GMS, 2016 U.S. Dist. LEXIS 75624 (D. Del. June 10, 2016) (Sleet, J.) - Drug Product and Patent(s)-in-Suit: Treanda® (bendamustine HCl); U.S. Patents Nos....more

Merck & Cie v. Watson Labs., Inc.

Case Name: Merck & Cie v. Watson Labs., Inc., 2015-2063, -2064, 2016 U.S. App. LEXIS 8782 (Fed. Cir. May 13, 2016) (Circuit Judges Dyk, Mayer, and Hughes presiding; Opinion by Mayer, J.) (Appeal from D. Del., Andrews, J.)...more

Intendis GMBH et al. v. Glenmark Pharms. Inc., USA

Case Name: Intendis GMBH et al. v. Glenmark Pharms. Inc., USA, 822 F.3d 1355 (Fed. Cir. May 16, 2016) (Circuit Judges Prost, Moore, and Taranto presiding; Opinion by Moore, J.) (Appeal from D. Del., Robinson, J.) - Drug...more

Spectrum Pharms., Inc. v. Burwell

Case Name: Spectrum Pharms., Inc. v. Burwell, No. 15-5166, 2016 U.S. App. LEXIS 10095 (D.C. Cir. June 3, 2016) (Circuit Judges Griffith, Cavanaugh, and Wilkins presiding; Opinion by Griffith) (Appeal from D.D.C., Lamberth,...more

Claims to a method of making a baseball highlight video not infringed

Baseball Quick, LLC v. MLB Advanced Media L.P. Case Number: 1:11-cv-01735-KBF - Judge Forrest granted summary judgment of non-infringement of claims for producing a highlight video of a baseball game....more

For product claims, the “use” of an accused product that operates outside the U.S. still fails within the reach of Section 271(a)...

Blue Spike, LLC v. Soundmouse Ltd - Case Number: 1:14-cv-02243 - Judge McMahon, addressing the territorial reach of “use” within the United States under Section 271, granted in part and denied in part Defendant...more

1+ year delay post-answer in counterclaiming for invalidity and non-infringement is acceptable under Rule 15

Endo Pharmaceuticals, Inc. and Grüenthal GmbH v. Teva Pharmaceuticals USA, Inc. and Barr Laboratories, Inc. Case Number: 1:12-cv-08060-TPG-GWG - Teva delayed more than one year between answering a complaint...more

Judge Hellerstein rules on a series of motions related to infringement contentions, motions to compel documents and responses to...

Intellectual Ventures II LLC v. JP Morgan Chase & Co., et al. Case Number: 1:13-cv-03777-AKH - Judge Hellerstein resolved a number of discovery-related motions. First he found that defendants’ motion to strike...more

Jury finds two out of three asserted patents valid and infringed, and awards $1.35 million to plaintiff.

Adrea, LLC v. Barnes & Noble, Inc., et al. Case Number: 1:13-cv-04137-JSR - After trial, a jury found that defendants Barnes & Noble, Inc., BarnesAndNoble.com, and Nook Media, LLC infringed claims 7, 8, 9, 18...more

Judge Forrest rejects Leveraged Innovations’ second bite at the apple in seeking to enforce its patented technology because of its...

Direxion Shares, ETF Trust v. Leveraged Innovations L.L.C. Case Number: 1:14-cv-01777-KBF - On March 14, 2014, Direxion Shares, ETF Trust (“Direxion”) filed a declaratory judgment action against Leveraged...more

Judge Griesa declines to revisit Federal Circuit’s finding that a license and settlement agreement is “clear on its face.”

Endo Pharmaceuticals, Inc. v. Roxane Laboratories, Inc. Case Number: 1:13-cv-03288-TPG - Defendant Roxane Laboratories, Inc. (“Roxane”) was sued by Endo Pharmaceuticals, Inc. (“Endo”) when Endo learned that...more

Judge Forrest finds patentee’s claim constructions to be overly broad, and lacking specification support

Regeneron Pharm., Inc. v. Merus B.V. Case Number: 1:14-cv-01650-KBF - On March 14, 2014 Regeneron Pharmaceuticals, Inc. (“Regeneron”) commenced this action against Merus B.V. (“Merus”) and Ablexis LLC...more

Judge Scheindlin finds that numerous acts of litigation misconduct constitute an “exceptional case.”

TNS Media Research, LLC, et al. v. Tivo Research and Analytics, Inc. Case Number: 1:11-cv-04039-SAS - Plaintiff Kantar Media (“Kantar”) brought a suit against defendant Tivo Research and Analytics, Inc. (“TRA”)...more

The Local Patent Rules regarding infringement contentions do not apply to this Hatch-Waxman case.

Kowa Company Ltd. v. Aurobindo Pharma Ltd., et al. Case Number: 1:14-cv-02497-PAC - Defendant Mylan asked the court to apply the Local Patent Rules to the case, specifically requiring plaintiff to serve its...more

Judge Forrest: “Regeneron's position that each claim in its ‘018 Patent has a single limitation is, at the very least, odd. It is...

Regeneron Pharmaceuticals, Inc. v. Ablexis LLC - Case Number: 1:14-v-01651-KBF - Teaser: Judge Forrest: “Regeneron's position that each claim in its ‘018 Patent has a single limitation is, at the very least,...more

Motions for fees by victorious patent defendant and by plaintiffs counsel both denied.

Rates Technology Inc. v. Broadvox Holding Company, LLC, et al. Case Number: 1:13-cv-00152-SAS - In June 2014, Judge Scheindlin dismissed Rates’s patent infringement against Broadvox, as Rates’s counsel,...more

Magistrate Gorenstein recommends changing trebled damages to defaulting defendant, but no attorney’s fees.

Keystone Global LLC v. Auto Essentials Inc., et al. Case Number: 1:12-cv-09077-DLC-GWG - Keystone alleged that Decor Essentials infringed two patents, U.S. Patents Nos. 7,866,715 (“Protective vehicle cover”) and...more

Judge Sweet trims award of attorney’s fees because of block billing and claims for fees for a non-compulsory defense; issues final...

Touchtunes Music Corp. v. Rowe International Corp., Arachnid, Inc., et al. October 21, 2014 - Case Number: 1:07-cv-11450-RWS - Judge Sweet, having previously found this case to be exceptional, awarded...more

Legitimate, Creative Advocacy Bars Rule 11 Sanctions

Worldwide Home Products, Inc., v. Bed, Bath and Beyond, Inc., et al. Case Number: 1:11-cv-03633-MHD - Worldwide sued Bed, Bath and Beyond (BBB) for patent infringement of U.S. Patent No. 7938300 (“Nestable...more

Consent Decree in Window Covering Case Takes One Defendant From Case

Hunter Douglas, Inc. v. Kohl’s Corporation, et al. Case Number: 1:14-cv-01743 - Plaintiff Hunter Douglas and defendant Welcome Industrial Corp. entered into a consent decree enjoining Welcome from infringing...more

Terms Construed in Website Messaging Patent/Summary Judgment Denied In Light of New Construction/Testimony Excluded

523 IP LLC, v. CureMD.com - Case Number: 1:11-cv-09697-KPF - Judge Failla construed terms of U.S. Patent No. 7,702,523 (“Website messaging system”), and, as her construction at times differs significantly from...more

Judge Preska Finds a Design—Although Developed Using Test Equipment—To Be Ornamental

In this dispute concerning U.S. Patent No. D618,132 (“Diamond jewellery (sic)”), Judge Preska denied declaratory judgment plaintiff’s request for summary judgment of patent invalidity and non-infringement, but granted the...more

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