Monthly Archives: September 2015

Torrent Pharmaceuticals Ltd. / Apotex, Inc. / Mylan Pharmaceuticals Inc. (Petitioner) v. Novartis AG / Mitsubishi Pharma Corp. (Patent Owner)

IPR Case IPR2014-00784, IPR2015-00518 U.S. Pat. No. 8,324,283 B2 September 24, 2015 Brief Summary: Petitioner found to have shown by a preponderance of the evidence that prior art teaching compound (first reference) and use of mannitol in pharmaceutical compositions (second … Continue reading

Posted in Inter Parties Review (IPR), Obviousness | Leave a comment

Summit 6 LLC v. Samsung Electronics Co., Ltd. et al.

Docket No. 2013-1648, -1651 MOORE, MAYER, LINN September 21, 2015 Brief Summary: Jury findings / DC decisions affirmed regarding $15 million damages infringement award to Summit 6 affirmed. Summary: Jury found Summit’s US 7,765,482 five asserted claims relating to processing … Continue reading

Posted in Claim Construction, Damages, Expert Testimony, Preamble | Leave a comment

Shire LLC et al. v. Amneal Pharmaceuticals, LLC et al.

Docket No. 2014-1736-41 MOORE, MAYER, LINN September 24, 2015 Brief Summary: DC grant of SJ to Shire that its patents are not invalid for obviousness affirmed (e.g., prior art “does not teach a finite and limited class” including precursor compound … Continue reading

Posted in Generics / ANDA, Inducement to Infringe, Infringement, Obviousness | Leave a comment

Apple, Inc. v. Samsung Electronics, et al.

Docket No. 2014-1802 PROST (D), MOORE, REYNA (C) September 17, 2015 Brief Summary: DC decision denying of Apple’s request for a permanent injunction against Samsung vacated and remanded because it erred in deciding the first two eBay factors (irreparable injury … Continue reading

Posted in Injunction | Leave a comment

SCA Hygeine et al. v. First Quality Baby Products, LLC et al.

Docket No. 2013-1564 En banc opinion (PROST, NEWMAN, LOURIE, DYK, O’MALLEY, REYNA; CIP/DIP: HUGHES, MOORE, WALLACH, TARANTO, CHEN) September 18, 2015 Brief Summary: On the “critical question” of whether § 282 applies to both equitable and legal relief, the court … Continue reading

Posted in Damages, Laches, Royalties | Leave a comment

TNS Media Research, LLC et al. (“Kantar”) v. Tivo Research and Analytics, Inc. et al.

Docket No. 2014-1668 NEWMAN, CLEVENGER, O’MALLEY September 16, 2015 Non-precedential Brief Summary: DC grant of SJ affirmed on some grounds (infringement under DOE) but reversed on others (trade secrets). Summary: Tivo appealed DC grant of SJ of noninfringement and no … Continue reading

Posted in Damages, Doctrine of equivalents, Infringement, Trade Secret | Leave a comment

Dynamic Drinkware, LLC v. National Graphics, Inc.

Docket No. 2015-1214 LOURIE, BRYSON, O’MALLEY September 4, 2015 Brief Summary: PTAB decision that DD failed to prove anticipation by a preponderance of the evidence because it had not shown the asserted prior art patent was entitled to its provisional … Continue reading

Posted in Anticipation (35 USC 102), Inter Parties Review (IPR) | Leave a comment

Ivera Medical Corporation v. Hospira, Inc.

Docket No. 2014-1613, 2014-1614 NEWMAN, REYNA, TARANTO September 8, 2015 Brief Summary: DC grant of SJ that the disputed patents are invalid for obviousness reversed as “Ivera established a genuine dispute over whether one of ordinary skill in the art … Continue reading

Posted in Obviousness | Leave a comment

Dome Patent L.P. v. Michelle K. Lee (USPTO)

Docket No. 2014-1673 REYNA, SCHALL, HUGHES September 3, 2015 Brief Summary: DC decision that PTO correctly found patent related to methods for making contact lenses obvious after ex parte reexamination affirmed based on motivation to combine in the art and … Continue reading

Posted in Obviousness, Reexamination | Leave a comment

The Dow Chemical Company v. Nova Chemicals Corporation et al

Docket No. 2014-1431, 2014-1462 NEWMAN, CLEVENGER, DYK August 28, 2015 Brief Summary: DC’s supplemental damages award (lost profits and reasonable royalties) after jury/FC determination claims were not indefinite (2012, cert denied) reversed as claims found indefinite under the SC’s Nautilus … Continue reading

Posted in Indefiniteness | Leave a comment