News & Analysis as of

Patent Litigation Patent Infringement

Baker Botts L.L.P.

Ex Parte Reexaminations Poised to Make a Quiet Comeback: Discretionary Denial Guidance for Inter Partes Reexamination May Increase...

Baker Botts L.L.P. on

Imagine this. You were just served with a Complaint for patent infringement and learn that, some years ago, your competitor was granted a patent giving them a legal monopoly to exclude others, including you, from making,...more

Robins Kaplan LLP

Azurity Pharms., Inc. v. Alkem Labs. Ltd.

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Nature of the Case and Issue(s) Presented: The ’948 patent claims non-sterile drinkable liquid formulations of vancomycin, an antibiotic used to treat Clostridium difficile infection. These formulations are particularly...more

K&L Gates LLP

USPTO Director Ends IPR Against Midas Green Technologies

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On 25 July 2025, K&L Gates secured an important win for its client, Midas Green Technologies, LLC. Acting USPTO Director Coke Morgan Stewart granted Director review and denied institution of an inter partes review (IPR)...more

Alston & Bird

Patent Case Summaries | Week Ending July 25, 2025

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IGT v. Zynga Inc., No. 2023-2262 (Fed. Cir. (PTAB) July 22, 2025). Opinion by Taranto, joined by Prost and Reyna. IGT owns a patent related to secured virtual networks in gaming environments. After the patent application was...more

Jones Day

Another Fender-Bender between LKQ and GM

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We have covered the LKQ v. GM design patent disputes from the PTAB decision through appeal and en banc rehearing.  And now we report on yet another chapter in the saga between these parties....more

Patterson Belknap Webb & Tyler LLP

Nothing to See Here: Judge Engelmayer Finds Claims Directed to Interactive Mobile Advertising to be Abstract

On July 21, 2025, District Judge Paul A. Engelmayer (S.D.N.Y.) granted Defendants Teads, Inc., Teads SA, and Teads SARL’s (together, “Teads”) Motion to Dismiss Yieldmo, Inc.’s (“Yieldmo”) Amended Complaint alleging that Teads...more

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

Minimizing Your Risk of Being Sued Before the U.S. International Trade Commission

The International Trade Commission (ITC) is an independent U.S. federal agency that oversees issues including IP enforcement, anti-dumping, and tariffs. A finding of infringement at the ITC can result in exclusion orders and...more

Robins Kaplan LLP

Metacel Pharms. LLC v. Rubicon Rsch. Priv. Ltd.

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Nature of the Case and Issue(s) Presented: Ozobax is indicated for treatment of spasticity resulting from multiple sclerosis, and particularly flexor spasms and concomitant pain, clonus, and muscular rigidity. While the use...more

Venable LLP

Amgen and Accord Settle Prolia® / Xgeva® BPCIA Litigation over INTP23

Venable LLP on

On July 16, 2025, Amgen and Accord settled Case No. 1:25-cv-01305 (D.N.J.) / MDL 1:25-md-03138 (D.N.J.) alleging infringement of 34 of Amgen’s patents by Accord’s proposed Prolia® / Xgeva® (denosumab) biosimilar INTP23...more

Robins Kaplan LLP

Jazz Pharms., Inc. v. Avadel CNS Pharms., LLC

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Case Name: Jazz Pharms., Inc. v. Avadel CNS Pharms., LLC, Nos. 2024-2274, 2024-2277, 2024-2278, 2025 WL 1298920 (Fed. Cir. May 6, 2025) (Circuit Judges Lourie, Reyna, and Taranto presiding; Opinion by Lourie, J.) (Appeal from...more

Knobbe Martens

Cancellation of a Closely Related Claim During Prosecution Can Trigger Prosecution History Estoppel

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COLIBRI HEART VALVE LLC v. MEDTRONIC COREVALVE, LLC - Before Taranto, Hughes, and Stoll. Appeal from the United States District Court for the Central District of California. The Federal Circuit reversed a $106 million...more

Knobbe Martens

Not So Cozy: Prosecution History Disclaimer for Design Patents

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TOP BRAND LLC v. COZY COMFORT CO. LLC - Before Dyk, Reyna, and Stark. Appeal from the United States District Court for the District of Arizona. Summary: Arguments presented during prosecution of a design-patent application...more

Cooley LLP

Federal Circuit Strengthens Prosecution History Estoppel Principles in Colibri Heart Valve LLC v. Medtronic CoreValve, LLC

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On July 18, 2025, the US Court of Appeals for the Federal Circuit reversed a lower court ruling in Colibri Heart Valve LLC v. Medtronic CoreValve, LLC, holding that prosecution history estoppel barred the patentees’ doctrine...more

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

Rise of Obviousness Double Patenting SNQs and Rejections in Reexaminations Challenging Expired Patents

Obvious-type double patenting (ODP) has historically served as a tool to prevent patent owners from extending exclusivity beyond the statutory allowed patent term and to tie patent families together during sale. Historically,...more

Troutman Pepper Locke

Federal Circuit Ruling Broadens Reach of Prosecution History Estoppel to Include Canceled Claims

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Prosecution history estoppel typically arises when a claim is rejected during prosecution and is then amended (narrowed) to overcome the rejection. However, in Colibri Heart Valve LLC v. Medtronic CoreValve, LLC, No....more

Fenwick & West LLP

Federal Circuit Confirms: Prosecution History Disclaimer Applies to Design Patents Too

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Many industries rely on design patents to protect the look and feel of their products—especially when aesthetics drive customer interest, brand identity, or market differentiation. In Top Brand LLC v. Cozy Comfort Company...more

Jones Day

Inventor Testimony of Reduction Date Leads to Denial

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The Patent Trial and Appeal Board (PTAB) denied institution of an inter partes review (IPR) brought by Par-Kan Company, LLC against Unverferth Manufacturing Company regarding U.S. Patent No. 8,967,940 (“the ‘940 patent”). ...more

Lathrop GPM

Federal Circuit Says Claim Cancellation Can Create Prosecution History Estoppel

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In a July 18 precedential decision in Colibri Heart Valve LLC v. Medtronic CoreValve LLC, the U.S. Court of Appeals for the Federal Circuit overturned a $106 million jury verdict against Medtronic for infringement of a patent...more

Fish & Richardson

A New FRAND Framework: India Embraces Interim Security to Deter SEP Hold-Out

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The Delhi High Court’s ruling in Dolby International AB & ANR v. Lava International Limited appears to mark a pivotal shift in India’s approach to the enforcement of standard essential patents (SEPs) wherein the High Court...more

McDermott Will & Emery

Valve turned: Prosecution history estoppel applies to closely related claims

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The US Court of Appeals for the Federal Circuit reversed a jury’s infringement finding, concluding it was precluded by prosecution history estoppel. Colibri Heart Valve LLC v. Medtronic CoreValve LLC, Case No. 23-2153 (Fed....more

McDermott Will & Emery

Don’t get too comfy: Prosecution disclaimer also applies to design patents

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Concluding that the principles of prosecution history disclaimer apply to design patents, the US Court of Appeals for the Federal Circuit reversed a district court’s denial of judgment as a matter of law and entry of a jury...more

Goodwin

Amgen and Accord BioPharma Settle Denosumab BPCIA Case

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​​​​​​​On July 16, 2025, the District Court for the District of New Jersey entered a Consent Judgment and Injunction in view of a settlement agreement between Amgen, Inc. (“Amgen”) and Accord BioPharma, Inc. (“Accord”)...more

Herbert Smith Freehills Kramer

The UPC – Two Years On

The Unified Patent Court – a one-stop-shop for European patent litigation – is now two years old. As it enters its third year of operation, we look at the approach that is becoming established in the new system, drawing out...more

McDonnell Boehnen Hulbert & Berghoff LLP

Colibri Heart Valve LLC v. Medtronic Corevalve, LLC (Fed. Cir. 2025)

The doctrine of equivalents (DOE), a creation of the Supreme Court in Graver Tank & Mfg. v. Linde Air Products (1950), is balanced by the concept of prosecution history estoppel (PHE), the contours of which were delineated...more

A&O Shearman

UPC Court of Appeal clarifies approach to claim construction

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Insulet v EOFlow UPC_CoA_768/2024 (Ord_69078/2024) The Unified Patent Court (UPC) Court of Appeal has issued a significant decision that provides important guidance on the interpretation of patent claims in UPC...more

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