Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
In Genetic Veterinary Sciences, Inc. v. Laboklin GMBH & Co., the University of Berlin, App. No. 2018-1565 (Fed. Cir., Aug. 9, 2019), a Fed. Cir. panel affirmed the district court’s JMOL ruling that the claims of the University’s U.S. Pat. No.…
Ajinomoto Co., Inc. vs. CH Cheiljedang Corp. (2018-1590, 2018-1629) In a pair of cross-appeals from the International Trade Commission, the Federal Circuit affirmed the Commission’s ruling that one of CJ CheilJedang Corp.’s engineered bacterial…
Precedential Opinions & Trial Guide? The Federal Circuit’s en banc opinion in In re Aqua Products was as massive as it was unfulfilling . This was due, in part, to the court’s struggle with how to weigh policy of the agency that was not based…
ELI LILLY AND COMPANY v. HOSPIRA, INC. Before Lourie , Moore, and Taranto. Appeal from the District Court for the Southern District of Indiana. Summary : A narrowing claim amendment does not necessarily surrender all equivalents of the claim element if the…
Last week we reviewed the firms with the largest decline in their IPR activity over the last five years (2014 to 2018), attempting to find a theory behind each drop. As we discussed, many larger firms with little to no involvement in IPR in early years,…
On July 8, 2019, NBA player Giannis Antetokounmpo filed suit in the Southern District of New York for trademark infringement and counterfeiting of his GREEK FREAK trademarks in connection with clothing bearing his likeness. Antetokounmpo plays for the…
CASE OF THE WEEK Genetic Veterinary Sciences, Inc. v. LABOKLIN GMBH & Co. KG , Appeal No. 2018-2056 (Fed. Cir. Aug. 9, 2019) Our case of the week features a foreign University sued for declaratory judgment of patent invalidity and the questions that follow…
GENETIC VETERINARY SCIENCES v. LABOKLIN GMBH & CO. KG Before Wallach , Hughes, and Stoll. Appeal from the Eastern District of Virginia. Summary: (1) If a foreign entity is not subject to jurisdiction in any state’s courts of general jurisdiction, but…
AJINOMOTO CO., INC. v. ITC Before Dyk, Moore, and Taranto . Appeal from the ITC. Ajinomoto filed a complaint against CJ America, Inc. with the International Trade Commission (“ITC”), alleging that CJ used several strains of E-coli bacteria to…
ATEN INTERNATIONAL CO., LTD. v. UNICLASS TECHNOLOGY CO., LTD Before Moore , Wallach, and Taranto. Appeal from the United States District Court for the Central District of California. Summary : When a reference is available in the same year as the critical…
The first Inter-Partes Review (IPR) was filed about seven years ago on September 16, 2012. A few firms were quick in leading the way and grabbing market share as IPR market was forming in the early days. At the same time, some of the top litigation firms,…
ATEN INTERNATIONAL CO., LTD. v. UNICLASS TECHNOLOGY CO., LTD. Before Moore , Wallach, and Taranto. Appeal from the United States District Court for the Central District of California. Summary : A case is not per se exceptional under 35 U.S.C. § 285…
