Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
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 Ltd., IPR2013-00290, Paper 18 (PTAB Oct. 25, 2013), Section…
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 ordered Eli Lilly & Co. (“Eli Lilly”) to pay…
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 shopping season has started. Teenagers, middle schoolers, and…
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 rehear the holding in Schering v. Geneva en…
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 Athena Automation Ltd. v. Husky Injection Molding Systems…
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 inter partes reexamination proceeding before the…
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 business method (“CBM”) patent…
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. Advanced Batteries Milwaukee Electric Tool Corp. et al. v. Chervon (HK) Ltd. In…
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 ruling that claim 1 of Regeneron’s U.S. Pat.…
Written by Peter E. Heuser , Schwabe, Williamson & Wyatt, P.C. In Regeneron v. Merus , a divided panel affirms a determination of unenforceability for violation of the duty of disclosure. What is interesting about the case is that neither the district…
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 second claim in Veeam Software Corporation v.…
Written by Scott Forbes and Andrew Schwaab In Shipping and Transit, LLC v. Hall Enterprises, Inc. , a district court recently held that a patent infringement case was “exceptional” under 35 U.S.C. § 285 and the defendant was entitled to…
