PTAB Grants Rare Supplemental Motion to Amend on Remand from Federal Circuit
Written by Mark E. Davis and Benjamin Anger On remand from the Federal Circuit, the PTAB granted Veritas’s Supplemental Motion to Amend for one substitute claim and denied the motion with respect to a...
View ArticleInequitable Conduct Intent Prong Due to Litigation Misconduct
In Regeneron Pharmaceuticals v. Merus N.V., Appeal No. 2016-1346 (Fed. Cir., July 27, 2017), a split three-judge panel of Prost, Wallach and Newman (Newman dissenting) affirmed the district court’s...
View ArticleClean Tech in Court: Green Patent Complaint Update
Several new green patent complaints were filed in May and June in the areas of advanced batteries, electroluminescence lighting technology, green cleaning solvents, and LEDs....
View ArticleInterplay Between “Technological Invention” and “Significantly More” in PTAB...
Written by Robert J. Hilton, Ph.D. and Christopher M. DiLeo Introduction On July 18, 2017, the United States Patent and Trademark Office Patent Trial and Appeal Board (“PTAB”) instituted a covered...
View ArticleUSPTO Intervenor Standing in PTAB Appeals
USPTO Explains Intervenor Standing Some weeks back in Knowles Electronics v. Matal, the Federal Circuit, sua sponte, asked the following of the parties (order here): When the prevailing party in an...
View ArticlePTAB Designates As Precedential A Decision Finding Assignor Estoppel Is Not A...
Written by Damien Howard and Nathanael Luman, Ph.D. The PTAB recently designated as precedential its 2013 decision that assignor estoppel is not a defense for patent owners in IPR proceedings in...
View ArticleHoneywell International, Inc. v. Mexichem Amanco Holdings – Revenge of the...
Before reading this post, please read my post of July 19, 2017 about Millennium Pharms. v. Sandoz, and you will “get” the title. Judges Lourie and Newman both dissented from refusal of the court to...
View ArticleBack-to-School Shopping: The New Fashion Buzzword is “Authentic”
Written by Diana E. Wade and Jeff Van Hoosear Edited by Catherine Holland For many students in the United States, the first day of school is less than a month away. This means the back-to-school...
View ArticleEli Lilly Ordered to Pay German Drug Company $20 Million for Infringing Sales...
Written by Stephanie M. Johnson and Paul Stewart Edited by John Sganga, Joseph Cianfrani, and Boris Zelkind On July 18, 2017, after two years of litigation and a jury trial, a Texas federal court...
View ArticlePTAB Designates New Precedent for AIA Trials
Assignor Estoppel Not an Exception to 311(a) The Patent Trial & Appeal Board (PTAB) has designated the following decision as precedential: Athena Automation Ltd v. Husky Injection Molding System...
View ArticleMerck Ordered to Pay $14 Million in Attorneys’ Fees to Rival Gilead After a...
Written by Mark Speegle and Sean Murray Edited by John Sganga, Joseph Cianfrani, and Boris Zelkind On July 14, 2017, in a stunning reversal of fortune, a federal court in San Jose, CA, which had...
View ArticleMichigan Court Reinstates its Full $254 Million Award to Stryker for...
Written by Stephanie M. Johnson and Paul Stewart Edited by John Sganga, Joe Cianfrani, and Boris Zelkind On July 19, 2017, a federal court in Michigan awarded Stryker Sales Corporation (“Stryker”) a...
View ArticleCalAmp Hit with Treble Damages for Willful Infringement of a Patent Assertion...
Written by Mark Speegle and Sean Murray Edited by John Sganga, Joe Cianfrani, and Boris Zelkind In a final judgment dated July 19, 2017, a Florida federal court awarded treble damages to Omega...
View ArticlePatent Prosecutor Alert: When is a Rejection a New Rejection?
What Exactly is the "Thrust of the Rejection?" Every so often a decision comes out of the USPTO's Patent Trial & Appeal Board (PTAB) or the Federal Circuit that has immediate value for patent...
View ArticleFederal Circuit Upholds Millennium’s Patent on Velcade®
Written by Jane Xia and Jing Liu, Ph.D. MILLENNIUM PHARMACEUTICALS, INC. v. SANDOZ INC (Fed. Cir. July 17, 2017) (NEWMAN, Mayer, O’Malley) This case arose out of an ANDA litigation between Millennium...
View ArticleDoctrine of Equivalents under Enzo Biochem Inc. v. Applera Corp.
Written by Robert J. Hilton and Eric Furman, Ph.D. Before Prost, O’Malley, and Wallach. Appeal from the District of Connecticut (nonprecedential). On August 2, 2017, the Federal Circuit affirmed a...
View ArticleBoard Was Mixed Up Over Blender Patent
In Homeland Housewares, LLC v. Whirlpool Corp., [2016-1511] (August 4, 2017), the Federal Circuit reversed the PTAB’s determination that Whirlpool’s U.S. Patent No. 7,581,688 relating to a household...
View ArticleApple Ordered to Pay $506 Million to the University of Wisconsin for...
Patent Judgments and Awards Written by Baraa Kahf and Kendall Loebbaka Edited by John Sganga, Joseph Cianfrani and Boris Zelkind On July 25, 2017, a federal court in Wisconsin ordered Apple to pay a...
View ArticleHartmann Plant Company Ordered to Stop Selling Infringing Blueberry Plant...
Patent Judgments and Awards Written by Baraa Kahf and Kendall Loebbaka Edited by John Sganga, Joseph Cianfrani and Boris Zelkind The University of Florida obtained patents covering new varieties of...
View ArticleSeparate Article III Standing Not Necessary for PTAB Appellees
Article III Standing Only Necessary for Party Invoking Authority of Federal Courts Last week, I analyzed the government's arguments supporting Article III standing for intervenors in Knowles...
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