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Arctic Cat v. Bombardier deals with obviousness, patent marking, reasonable royalties, willfulness and enhanced damages. The panel affirms all of the district... Read More »
Tribal Immunity in Focus at PTAB Previously I explained that the 7th amendment argument in Oil States and the 11th amendment argument for sovereign immunity from... Read More »
In a recent development with the ongoing complex litigation involving Janssen Biotech’s arthritis biologic medicine Remicade (infliximab) and Celltrion’s... Read More »
No Duty to Discuss Closest Prior Art…But you Probably Should Anyway In implementing the Federal Circuit’s In Re Aqua Products’ holding, the... Read More »
We do not usually report on district court cases, but the Columbia Sportswear v. Seirus design patent case handled by our firm is particularly interesting, given the... Read More »
On November 16, 2017, the USPTO issued new procedures (“Standard Operating Procedure 9”) for governing cases remanded from the Federal Circuit. These... Read More »
.In the Micron Tech case, the Circuit rules that TC Heartland changed the law on patent venue such that Micron’s argument of improper venue is now much easier... Read More »
Standard Operating Procedures (SOP) 9 Released As discussed last week, a remand to the Patent Trial & Appeal Board (PTAB) may be a short-lived victory for... Read More »
The USPTO announced that the official fees for IPR and PGR will increase significantly starting on January 16, 2018.  See 82 Fed. Reg. 52780, 52807 (Nov. 14... Read More »
In Sanofi v. Watson Labs., the Circuit affirms a determination of induced infringement of one patent and direct infringement of another, thus assuring Sanofi another... Read More »
In view of the IP hornets’ nest stirred up by Judge Bryson’s ruling in Allergan and the St. Regis Mohawk Tribe v. Teva Pharm. Inc., Case No... Read More »
The Saint Regis Mohawk Tribe’s recent motion to terminate pending IPRs on patents purported to cover Allergan’s Restasis® product has spurred two... Read More »
Inter-Partes Review (IPR) is known as an effective, relatively low cost (compared to district court litigation) and quick method used by defendants as a defense... Read More »
Tribal Immunity Considered by PTAB Previously I explained that the 7th amendment argument in Oil States and the 11th amendment argument for sovereign immunity... Read More »
On October 17, 2017, the PTAB issued a final written decision in an IPR holding all claims unpatentable after the Federal Circuit vacated and remanded the... Read More »
In Bayer v. Watson, the panel throws out Bayer’s patent to its Staxyn erectile dysfunction drug as being obvious, noting that the district court focused too... Read More »
Judgments and Awards On October 3, 2017, a federal court in Miami, FL awarded TM Brands $1,500,000 pursuant to a stipulated agreement reached during trial. ... Read More »
Judgments and Awards On September 25, 2017, a federal court in San Jose, CA awarded the Defendants Google, YouTube, and On2 Technologies $820,321.41 in... Read More »
A pair of ongoing USPTO initiatives, Patents for Humanity and Patents 4 Patients, offer incentives that certain biotechnology patent applications may be eligible... Read More »
EXECUTIVE SUMMARY: When the America Invents Act was passed in 2011, most of us saw the inter partes review process as a streamlined, relatively inexpensive procedure... Read More »
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