News & Analysis as of

Medical Devices Intellectual Property Litigation

Proskauer - The Patent Playbook

Discretionary Denials in Action: iRhythm Technologies Inc. v. Welch Allyn Inc.

The U.S. Patent and Trademark Office (“USPTO”) Acting Director’s recent decision to deny institution of inter partes review (“IPR”) in iRhythm Technologies Inc. v. Welch Allyn Inc. offers valuable lessons for both patent...more

Patterson Belknap Webb & Tyler LLP

Judge Román Dismisses Infringement Claims Based “Upon Information and Belief” in Surgical Instruments Case

Judge Nelson S. Román (S.D.N.Y.) recently dismissed a patent-infringement complaint for failure to state a claim, emphasizing the requirement that plaintiffs plead factual allegations rather than legal conclusions....more

Benesch

Update: Insulet Corp.’s Trade Secrets Jury Award Reduced From $452 Million to $59.4 Million to Avoid Double Recovery

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Following a recent trend to reduce large damages awards in trade secret misappropriation cases, a federal judge in Massachusetts cut Insulet Corp.’s damages award from $452 million to $59.4 million to avoid impermissible...more

Knobbe Martens

How New U.S. Tariffs Could Reshape Patent Litigation in the Medical Device Industry

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As the U.S. imposes sweeping new tariffs on over 180 countries and territories—including a baseline 10% rate and steep increases for China (originally 145%, now reduced to 30% for 90 days) and Taiwan (32%, now reduced to 10%...more

Ropes & Gray LLP

[Podcast] Non-binding Guidance | Talkin’ Trade: Trends in False Advertising and Related Competitor Disputes Involving...

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On this special collaborative episode of Ropes & Gray's Non-binding Guidance and Talkin’ Trade podcast series, life sciences regulatory and compliance partner Josh Oyster is joined by intellectual property litigation partner...more

Patterson Belknap Webb & Tyler LLP

Not for the Faint of Heart: Magistrate Judge Wicks Recommends Dismissal of Heart Monitoring Patent Case for Failure to Join a...

United States Magistrate Judge James M. Wicks (E.D.N.Y.) recommended that Defendant Apple Inc.’s (“Apple”) motion to dismiss Plaintiff Joseph Wiesel’s (“Wiesel”) action for infringement of U.S. Patent No. 7,020,514 (the “’514...more

Benesch

Insulet Corp. May Have to Choose Between $452 Million Jury Award or Permanently Blocking Competitor From Utilizing Its Trade...

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After receiving a jury verdict awarding $452 million in damages against a rival company for misappropriation of trade secrets, the prevailing party, Insulet Corp., may have to choose between portions of the damages award or...more

Jenner & Block

Substantial Trade Secret Verdicts Continue with $452 Million Decision Against South Korean Company

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US civil juries have returned a number of substantial trade secret verdicts against defendants over the past decade. In December 2024, a company from South Korea became the most recent defendant on the receiving end of a...more

A&O Shearman

District Court Denies Regeneron’s Motion For Preliminary Injunction To Block Amgen’s Eylea Biosimilar

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On September 23, 2024, Judge Kleeh of the Northern District of West Virginia denied Regeneron Pharmaceuticals, Inc.’s (“Regeneron”) motion for a preliminary injunction against Amgen Inc. (“Amgen”) related to Amgen’s filing of...more

Knobbe Martens

Middle District of North Carolina Grants Preliminary Injunction in Natera, Inc. v. NeoGenomics Laboratories, Inc.

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(December 27, 2023) Natera Inc. succeeded in obtaining a preliminary injunction against NeoGenomics Laboratories, Inc.’s medical assay test. Natera’s ongoing federal lawsuit alleges that NeoGenomics’ product “RaDaR,” a tumor...more

American Conference Institute (ACI)

[Event] 21st Annual Life Sciences IP Summit - September 27th - 28th, Munich, Germany

Hosted by C5 Group, the 21st Annual Life Sciences IP Summit returns for another exciting year with curated programming with speakers from the pharma, biotech and medical device industries that will provide practical insights...more

Faegre Drinker Biddle & Reath LLP

Why 3D Printing Doesn’t Have to be a Pandora’s Box for IP Rights

Personal 3D printing has seen leaps in advancement in recent years, allowing users to render increasingly sophisticated creations from the comfort of their own home. These creations can include anything from gaming miniatures...more

McDermott Will & Schulte

[Event] Life Sciences Boot Camp For In-House Counsel 2023 - April 4th, South San Francisco, CA

McDermott is pleased to bring our Life Sciences Boot Camp for In-House Counsel back to the Bay Area! Amid turbulent economic forces, life sciences companies continue to grapple with increasingly complex legal and business...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis and Trends: Federal Circuit Appeals: More Design Patent Case Reversals

In 2022, the Court of Appeals for the Federal Circuit issued six opinions regarding U.S. design patents: three precedential opinions and three unprecedential opinions. Unlike 2021 (where the two precedential opinions on...more

Weintraub Tobin

Preliminary Injunction Upheld in Trade Secret Dispute Despite Prior Publication

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Publication of an algorithm prevents the algorithm from being a trade secret, right? Not necessarily. The Federal Circuit just reminded us that under certain circumstances that may not be the case. ...more

Smart & Biggar

Rx IP Update - March 2019

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Federal Court finds invalidity allegations relating to patent for metformin formulations not justified - On March 8, 2019, Justice Fothergill granted Valeant Canada’s application for an order prohibiting the Minister of...more

Orrick, Herrington & Sutcliffe LLP

Personal Jurisdiction/Forum Non Conveniens - The World in U.S. Courts: Summer-Fall 2018

Associaçio Brasileira de Medicina de Grupo, DBA Abramge v. Stryker Corp., US Court of Appeals for the Sixth Circuit, May 31, 2018 - An association of Brazilian health insurance providers sued Stryker, a Michigan...more

Knobbe Martens

Intellectual Property Cases Dominate 2016 Verdict Awards

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According to the annual Top 100 Verdicts report by ALM’s VerdictSearch, five jury verdicts for Intellectual Property cases cracked the top 10 with a sixth breaking into the top 25 verdicts of 2016. While the amounts do not...more

McDermott Will & Emery

Quantify Versus Quality Determines Domestic Industry - Lelo Inc. v. International Trade Commission

The U.S. Court of Appeals for the Federal Circuit reversed a finding by the U.S. International Trade Commission (ITC) of a violation of § 337, concluding that the Commission’s use of a qualitative analysis could not meet the...more

McDermott Will & Emery

No Substantial Change in Standard for Indefiniteness Under “Reasonable Certainty” Test - Biosig Instruments, Inc. v. Nautilus,...

In an opinion addressing the standard for indefiniteness in view of the Supreme Court of the United States’ 2014 “reasonable certainty” test, the U.S. Court of Appeals for the Federal Circuit maintained its reversal of the...more

McDermott Will & Emery

Lost Profits Are Hard to Come By - Warsaw Orthopedic, Inc. et al. v. NuVasive, Inc.

Addressing the issue of convoyed and related sales, the U.S. Court of Appeals for the Federal Circuit, even while affirming the district court with respect to its invalidity and infringement findings, remanded the case for a...more

McDonnell Boehnen Hulbert & Berghoff LLP

Biosig Instruments, Inc. v. Nautilus, Inc. (Fed. Cir. 2015)

The Federal Circuit considered the question of indefiniteness on remand from the Supreme Court's reversal in Nautilus v. Biosig and, perhaps not surprisingly, found again that the Biosig's claims were not indefinite....more

McDermott Will & Emery

Damage Award Slashed as Court Finds Defenses Were Not Objectively Assessed - Stryker Corp. v. Zimmer, Inc.

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Addressing the issue of willful infringement, the U.S. Court of Appeals for the Federal Circuit reversed the lower court’s finding of willful infringement and award of attorneys’ fees, finding that the defenses asserted by...more

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