Posts Tagged: patent infringement


Teva Liable for Induced Infringement of Eli Lilly’s Lung Cancer Drug ALIMTA

The Federal Circuit’s decision in Akamai V broadened the circumstances in which the actions of others may be attributed to a single actor to support liability …

Infringe at Will Culture Takes Hold as America’s Patent System Erodes

Perhaps when the Senate Banking Committee convenes to consider the nomination of Wall Street attorney Jay Clayton as the new head of the Securities and Exchange Commission …
By Gene Quinn & Peter Harter
5 days ago 28

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
5 days ago 0

Sony files patent infringement suit against Fujifilm in S.D. Fla. over magnetic tape media

On December 15th, Japanese electronics conglomerate Sony Corp. filed a patent infringement lawsuit in U.S. district court against Japanese photography and imaging company Fujifilm. At the …
By Steve Brachmann
6 days ago 1

The Equitable Defense of Laches: SCA Hygiene Products v. First Quality Baby Products

The equitable defense of laches has been a useful tool for defendants in intellectual property litigation for over a hundred years, but a recent case in the …
By Tamany Bentz & Taylor Sachs
7 days ago 0

Cisco v. Arista patent and copyright infringement cases see conflicting rulings at ITC, N.D. Cal.

A patent and copyright squabble involving two players in the networking space for information technology (IT) development, which has ramped up in recent years, saw an interesting …
By Steve Brachmann
10 days ago 0

Nokia, Apple drag the world back to patent war

Being targeted by PAEs is nothing new for Apple — but in an anti-trust complaint dated December 20, 2016, Apple finally said enough was enough. Pulling no punches, Apple accused …
By Purva Sharma
11 days ago 7

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
17 days ago 1

Federal Circuit Denies Remand Despite Changes in Direct Infringement Law under Akamai

The Court held that remand was improper. Generally, remand is proper where the governing legal standards change during appeal. However, the Court found that the change in …

Patent Territoriality: Is the IP World Getting Flatter?

It is a ubiquitous concept that U.S. IP rights cannot extend beyond the territorial borders of the U.S. But the IP world may be in …
By Tamany Bentz
1 month ago 4

Helping the Patent Pendulum Return to Upside by Preventing Random Walks in Congress

Almost 100% of the pre-election patent reform lobbying efforts were focused on the campaign, which did not prevail and thus on the morning of November 9 the patent community …
By Art Monk
1 month ago 2

CAFC Remands Injunction Against Dismissed Party, Affirms Infringement and Validity

A district court does not have authority to issue an injunction against a party not adjudicated to be liable for infringement in the underlying case unless that …

Federal Circuit Finds District Court Mischarged the Jury on Induced Infringement

This case concerns ongoing disputes between Power Integrations and Fairchild Semiconductors. The companies sued each other in Delaware, each asserting infringement of multiple patents by the other. …

Federal Circuit Affirms in Part and Reverses in Part “Means Plus Function” Indefiniteness

In an indefiniteness analysis, particularly for a “means plus function” claim, the patent must particularly disclose the corresponding structure for performing the claimed function. It is not …

Federal Circuit Denies Mandamus Relief and Orders Disclosure of Documents

As a threshold matter, the Court considered whether it had jurisdiction over the writ of mandamus. The Court noted the America Invents Act broadened its jurisdiction to …