Federal Circuit Affirms Finding of Infringement in SynQor v. Artesyn Techs.
“This court also sees no reason why [the plaintiff’s] decision not to argue pre-verdict willful infringement at trial should preclude the district court from finding willful infringement for...
View ArticleDoes ‘Raging Bull’ Deliver Knockout to Patent Laches Defense?
Under Federal Circuit case law, patent-infringement defendants may assert the laches defense – an equitable defense barring claims brought after an unreasonable delay. But the doctrine will soon square...
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Attorney Fees for Post-Grant Patent Challenge Proceedings Before the USPTO...
Parties accused of patent infringement are turning more and more to post-grant challenge proceedings at the United States Patent and Trademark Office (“USPTO”) as a faster and cheaper means for...
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Denial of a Preliminary Injunction Against Twilio
Twilio, Inc. is a cloud communications company that earlier this year raised $100 million in funding, a figure that placed it in the Unicorn Club—those startup companies with valuations over a billion...
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Methods of treating a subset of patients are likely nonobvious if the subset...
In Prometheus Laboratories, Inc. v. Roxane Laboratories, Inc.,[1] a recent decision involving methods of treating a specific subset of patients, the Court of Appeals for the Federal Circuit (“Federal...
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Momenta Pharma., Inc. v. Teva Pharma. USA Inc.
In Momenta Pharma., Inc. v. Teva Pharma. USA Inc., Nos. 2014-1274, -1277, -1276, and -1278 (Fed. Cir. Nov. 10, 2015) (“Momenta II”), the Federal Circuit found that, pursuant to 35 U.S.C. § 271(g),...
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Federal Circuit Tasked With Analyzing Evidence For Proof That Defendant Had...
On January 19, 2016, the Supreme Court issued a grant-vacate-remand order in a dispute between rival medical device companies Medtronic and NuVasive. The order directs the Federal Circuit to revisit...
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Federal Circuit Judge Bryson Denies Motion to Disqualify Plaintiff’s Counsel
Providing a rare glimpse into a Federal Circuit judge’s views on the rules of professional conduct governing conflicts of interest, on February 26, 2016, Federal Circuit Judge William Bryson, sitting...
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Addition Through Subtraction, Broadening Reissue Upheld in Zoltek Corp. v....
The Zoltek versus the United States case might be characterized as if at first you don’t succeed, try, try again…and then try one more time. Zoltek took three trips to the Federal Circuit before...
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Federal Circuit Upholds Inequitable Conduct Ruling in Ohio Willow Wood Company
In the latest iteration of Ohio Willow Wood Company[1] (OWW), the Federal Circuit upheld a district court ruling of inequitable conduct against OWW despite the presence of a litigation screen. The...
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Filing an ANDA May Expose Generic Manufacturers to Nationwide Personal...
On March 18, 2016, the Federal Circuit affirmed the District of Delaware’s ruling in two companion cases that West Virginia-based defendant Mylan Pharmaceuticals is subject to specific personal...
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FTC’s Latest “Pay for Delay” Action Focuses on Noncash “Payments” and New...
The Federal Trade Commission (FTC) filed an antitrust complaint this week against Endo Pharmaceuticals and several generic companies, alleging that these companies entered into anticompetitive...
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Supreme Court to Consider Patent Laches in Wake of Copyright Laches Decision
When we last discussed patent laches here, the Federal Circuit had voted to rehear, en banc, SCA Hygiene Products’ patent infringement claim, which invoked a laches defense. At that time, the Supreme...
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Court Decides that ANDA Approved Before Patent Issued Cannot Infringe 35...
Although the Hatch-Waxman Act was passed by Congress decades ago, it still produces new questions. Despite vigorous argument by the patent owner, a district court dismissed a count alleging that the...
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Apportioning for the Standard When Valuing Standards-Essential Patents
Commonwealth Scientific and Industrial Research Organisation (CSIRO), a national research organization of Australia, recently filed a petition for certiorari with the Supreme Court. CSIRO presents the...
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Federal Circuit Helps Clarify What Constitutes a Commercial Sale under Pfaff
In The Medicines Co. v. Hospira Inc., Appeal No. 2014-1469 (Fed. Cir. July 11, 2016), the Federal Circuit issued a unanimous en banc decision ruling that the on-sale bar was not triggered by a...
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Federal Circuit Provides Guidance on Divided Infringement, Inducement of...
Patent owners will applaud the Federal Circuit’s latest pronouncement on divided infringement, inducement of infringement, and claim definiteness under 35 U.S.C. § 112. Eli Lilly & Co. v. Teva...
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The Continuing “Evolution” of Alice: a GUI Example
On January 18, 2017, the Federal Circuit, in Trading Technologies International, Inc. v. CQG, Inc., No. 2016-1616 (Fed. Cir. Jan. 18, 2017) (NEWMAN, J.), issued a non-precedential decision affirming...
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Federal Circuit Expands Personal Jurisdiction in Declaratory Judgment Suits
In Xilinx Inc. v. Papst Licensing GmbH & Co. KG, Appeal No. 2015-1919 (Fed. Cir. Feb. 15, 2017), the Federal Circuit applied the usual test for in personam jurisdiction, in an apparently new way,...
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In Case of First Impression, Federal Circuit Rules that a Patent Owner’s...
In Aylus Networks, Inc. v. Apple Inc., Appeal No. 2016-1599 (Fed. Cir. May 11, 2017), the Federal Circuit ruled that a patent owner’s statements during an inter partes review (IPR), even if before an...
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