Posts Tagged: district of delaware


Hospira Patent Claims that Previously Survived IPR Held Invalid

While the claims-in-suit had previously survived validity challenges in an inter partes review (IPR) proceeding at the Patent Trial and Appeal Board (PTAB) and in a District …
By Steve Brachmann
9 days ago 0

CAFC Overturns Preliminary Injunction on Generic Suboxone Film Over Newman Dissent

The Federal Circuit issued a nonprecedential decision in Indivior Inc. v. Dr. Reddy’s Laboratories, S.A., which vacated a preliminary injunction handed out by the District …
By Steve Brachmann
1 month ago 1

Delaware Jury Awards $24 Million Royalty to Bio-Rad and University of Chicago, Finds Patent Infringement Willful

A jury in the United Stated Federal District Court for the District of Delaware recently delivered a verdict awarding nearly $24 million dollars in reasonable royalty damages to …
By Steve Brachmann
2 months ago 1

CAFC vacates Summary Judgment entered against Intellectual Ventures

On Tuesday, September 4th, the Court of Appeals for the Federal Circuit issued a precedential decision in Intellectual Ventures I LLC v. T-Mobile USA, Inc., et. al., …
By Steve Brachmann & Gene Quinn
4 months ago 0

IBM Wins $82.5 Million Award Against Groupon in Jury Verdict

On July 27th, a jury verdict entered into the District of Delaware awarded $82.5 million in reasonable royalties to information technology giant IBM after that company asserted a …
By Steve Brachmann
6 months ago 4

CAFC says District Court Erred in Claim Construction in Blackbird Patent Case

On Monday, July 16th, the Court of Appeals for the Federal Circuit issued a precedential decision in Blackbird Tech v. ELB Electronics, which vacated an earlier judgment …
By Steve Brachmann
6 months ago 0

Nasal Spray Patents Covering Migraine Drug Zomig Not Invalid As Obvious

The sole question on appeal was whether it would have been obvious to make zolmitriptan into a nasal spray. The Federal Circuit agreed with the district court …

Apple and Samsung Settle Patent Dispute Proving Patent Litigation Doesn’t Hinder Consumer Access

On Wednesday, June 27th, a pair of orders of dismissal, one entered in the District of Delaware and the other entered in the Northern District of California, …
By Gene Quinn & Steve Brachmann
7 months ago 16

Patent Litigation Shows Shift Towards Delaware, Decrease in High-Volume Plaintiff Filings

Legal data analytics provider Lex Machina recently published a post featuring data points regarding the filing of patent infringement cases in the year following the U.S. …
By Steve Brachmann
7 months ago 2

ECCO Accuses Skechers of Stealing Soles, Files Patent Infringement Lawsuit in Delaware District Court

Recently, Denmark-based footwear maker ECCO filed a suit alleging claims of patent infringement against Manhattan Beach, CA-based shoemaker Skechers. The suit, filed in the federal district for …
By Steve Brachmann
7 months ago 2

Hatch-Waxman Litigation: 60 Percent Increase in ANDA Lawsuits from 2016 to 2017

In 2017, U.S. district courts saw a total of 417 patent infringement suits related to ANDA filings made by drugmakers with the U.S. Food and Drug Administration (…
By Steve Brachmann
8 months ago 0

Spotify, SoundCloud and Deezer Music Apps Sued for Infringing Music Organizer and Entertainment Center Patent

Patent owner MOAEC Technologies filed suits alleging claims of patent infringement in the District of Delaware against a series of music entertainment app providers including Spotify, SoundCloud …
By Steve Brachmann
9 months ago 1

PTAB Judges Shockingly Inexperienced Compared to District Court Judges

This study uncovered several shocking revelations. First, 12.64% of PTAB judges were appointed with less than 5 years of experience prior to their appointment as APJs (i.e., 5 years …
By Gene Quinn
11 months ago 63

Idenix Loses Patent on HCV Treatment that Supported $2.54 Billion Infringement Verdict

In invalidating the Idenix patent, the Delaware district court effectively overturns what had been the largest award for royalty damages in a U.S. patent infringement case …
By Steve Brachmann
11 months ago 4

2017 Saw Fewest Patent Lawsuits Filed Since 2011

Q4 2017 saw a total of 981 patent infringement cases filed in district courts, the second-lowest total for any quarter in 2017 and the third-lowest total for any quarter dating …
By Steve Brachmann
12 months ago 8