Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Written by Alison M. Hill and Karen M. Cassidy Editors: Joseph Cianfrani and Boris Zelkind Patent Judgments and Awards On August 7, 2017, after nearly two-and-a-half years of litigation, an East Texas jury awarded just over $21,000,000 to Elbit Systems of…
Written by Alison M. Hill and Karen M. Cassidy Editors: Joseph Cianfrani and Boris Zelkind Patent Judgments and Awards On August 4, 2017, after five-and-a-half years of litigation over patent infringement, a Federal Claims judge ordered the United States…
Written by Peter E. Heuser , Schwabe, Williamson & Wyatt, PC Visual Memory v. Nvidia reverses the grant of a motion to dismiss under Rule 12(b)(6), ruling that the claims recite an enhanced computer memory system and not an abstract idea under § 101.…
Written by Alison M. Hill and Karen M. Cassidy Editors: Joseph Cianfrani and Boris Zelkind Patent Judgments and Awards On July 14, 2017, the International Trade Commission determined that financial services company Diebold Nixdorf, Inc.…
Written by Caleb A. Bates, Ph.D. and Michael L. Fuller In March 2014, Regeneron Pharmaceuticals, Inc. sued Merus B.V. for allegedly infringing U.S. Patent No. 8,502,018 (“the ’018 Patent"). The ’018 Patent generally relates to using…
Written by Daniel Kiang and Marko R. Zoretic Editors: Joseph Cianfrani and Boris Zelkind Patent Judgments and Awards On August 3, 2017, a Boston jury awarded Philips $10.4 million in damages for ZOLL’s infringement of three patents relating to…
Written by Daniel Kiang and Marko R. Zoretic Editors: Joseph Cianfrani and Boris Zelkind Patent Judgments and Awards On July 26, 2017, after eight years of litigation and multiple appeals, a Texas federal court ordered ION Geophysical Corporation…
Written by Jordan M. Cox and Nathanael Luman, Ph.D. The Federal Circuit determined that Article III standing was not necessary for an appellee to participate in a judicial appeal of an IPR final written decision because the appellant had Article III…
In Romag Fasteners, Inc. v. Fossil, Inc., [2016-1115, 2016-1116, 2016-1842] (August 9, 2017), the Federal Circuit vacated and remanded the district court’s award of attorneys fees to Romag under 35 U.S.C. § 285 but not under the identically…
In The Cleveland Clinic Foundation v. True Health Diagnostics , the Fed. Cir. panel held that a claim to a diagnostic method for determining a test subject’s risk for atherosclerotic cardiovascular disease (CD) by comparing MPO levels in the bodily…
Written by Peter E. Heuser , Schwabe, Williamson & Wyatt, P.C. This was a busy week for precedential cases at the Circuit. In AIA v. Avid , the Circuit rules that there is no right to a jury trial as to requests for attorney fees under § 285. In Romag…
Written by Casey D. Donahoe, Ph.D. and Kerry S. Taylor, Ph.D. Hospira (owned by Pfizer) filed five IPR petitions against Genentech patents that Genentech asserted were directed to Herpceptin® (trastuzumab). The PTAB has now instituted IPRs in three of…
