Posts Tagged: district of delaware


Merck Process for Stabilizing Antibiotic Compound Invalid as Obvious

The District of Delaware found that one of two patents asserted by Merck was not invalid and infringed, and the other patent, while infringed, was invalid as …

Denying TC Heartland Changed the Law on Venue Ignores Reality

On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands, LLC, 137 S.Ct. 1514 (2017), the Supreme Court held that patent venue is controlled exclusively by 28 U.S.…
By Keith Grady & Karen Morris
2 months ago 3

Patent settlement between AbbVie and Amgen delays Humira generic until 2023

On Thursday, September 28th, a judge in the District of Delaware entered an order stipulating dismissal in a patent infringement case brought by North Chicago-based pharmaceutical firm …
By Steve Brachmann
2 months ago 0

Delaware Patent suit pits top two players in U.S. electronic voting machines against each other

On Monday, August 21st, Omaha, NE-based voting machine firm Election Systems & Software filed a patent infringement suit against election product company Dominion Voting Systems of Toronto, Ontario. …
By Steve Brachmann
3 months ago 0

Is HTIA’s general counsel John Thorne a patent troll?

John Thorne was VP and deputy general counsel for Verizon during its legal battle against former American cable television company Cablevision where Verizon asserted a series of …
By Steve Brachmann & Gene Quinn
3 months ago 9

Lex Machina’s Q2 litigation update shows trends influenced by TC Heartland and Oil States

During the second quarter of 2017, a total of 1,138 patent cases were filed at the U.S. district court level, an increase of 18 percent when compared to first …
By Steve Brachmann
4 months ago 2

What TC Heartland v. Kraft Food Group Brands Means for Patent Infringement Suits

Under the Federal Rules of Civil Procedure, a party waives its right to assert a defense of improper venue when it fails to raise the defense in …
By Jennifer Tempesta
4 months ago 3

TC Heartland: An Alternate Opinion – Not As Bad As It Seems

We believe that the fallout from the Court’s ruling last week will be less dire for patent owners than most commentators predict. The conventional wisdom is …

Industry reaction to SCOTUS patent venue decision in TC Heartland v. Kraft Food Group

What follows is reaction from a distinguished panel of industry insiders who have been following this case. Each have offered their own instant analysis, several pointing out …
By Gene Quinn
6 months ago 23

PwC patent litigation study shows recent drop in lawsuits despite increasing patent grants

About 5,100 patent infringement cases were filed in the U.S. during 2016, according to the PwC litigation study. This represents a 9 percent drop in lawsuits from 2015’s totals …
By Steve Brachmann
6 months ago 2

Fisher-Price files patent suit charging infringement of children’s ride-on vehicle technologies

On Tuesday, January 17th, children’s toy maker Fisher-Price Inc. of East Aurora, NY, filed a patent infringement suit against bicycle distributor Dynacraft BSC, Inc. of American …
By Steve Brachmann
10 months ago 1

Amgen v. Regeneron: Will the permanent injunction against Regeneron’s new PCSK9-inhibitor hold up on appeal?

On January 5, 2017, the District of Delaware issued its long-awaited decision in the patent dispute pending between Amgen and Regeneron wherein the Court granted Amgen’s request for …
By Zachary Silbersher
10 months ago 1

Merck subsidiary Idenix wins $2.54B in HCV treatment suit against Gilead in largest U.S. patent infringement verdict ever

On Thursday, December 15th, a subsidiary of Kenilworth, NJ-based pharmaceutical developer Merck & Co. (NYSE:MRK) was awarded $2.54 in royalty damages in a case involving one of the …
By Steve Brachmann
11 months ago 1

Lex Machina IP litigation report for Q3 2016 reflects a downward trend in patent, trademark suits

The report indicates that IP litigation in U.S. district courts is declining across the board. During 2016’s third quarter, U.S. district courts received a total …
By Steve Brachmann
1 year ago 0

Is Nome, Alaska ready for Paragraph 4 ANDA litigation? How about San Juan, Puerto Rico?

Nome, Alaska and San Juan, Puerto Rico are both home to a federal courthouse where, ostensibly, under the recent Acorda Therapeutics holding and subsequent court decisions, a …
By Jennifer Mauri
1 year ago 2