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Recent Posts
- DC grant of SJ affirmed since covenant not to sue and exclusive license directed to different subject matter and not covered by merger clause
- Genentech’s antibody purification claims correctly found anticipated or obviousness in IPR, Fed. Cir. decides
- “[R]esult that was inherent in the prior art” cannot overcome obviousness based on inherency
- Fed. Cir. reverses DC and finds Amneal’s Sensipar®-related product infringes Amgen ‘405 patent
- IPR invalidity decision vacated and remanded due to erroneous claim construction
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Category Archives: Expert Testimony
Exmark Mfg. Co. Inc. v. Briggs & Stratton Power Products Group, LLC
Docket Nos. 2016-2197 WALLACH, CHEN, STOLL January 12, 2018 Brief summary: DC decision vacated and remanded as expert opinion on damages was insufficient, and to determine whether Briggs’ prior art defenses were “litigation-inspired” (Halo, US 2017). Summary: Briggs appealed the … Continue reading
NOVA Chemicals Corporation, et al. v. Dow Chemical Company
Docket No. 2016-1576 DYK, MAYER, REYNA May 11, 2017 Brief Summary: DC award of attorney fees to Dow affirmed as NOVA’s litigation position was found to be “objectively baseless” under Octane Fitness (US 2014). Summary: NOVA appealed DC award of … Continue reading
Posted in Appeal, Attorney's Fees, Expert Testimony
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Coalition for Affordable Drugs X LLC (“CAD”) v. Anacor Pharmaceuticals, Inc.
IPR2015-02776 (US 7,582,621B2) Final Written Decision February 23, 2017 Brief Summary: Board found CAD had shown invalidity for obviousness of the ‘621 claims by a preponderance of the evidence. Summary: CAD petitioned for IPR of Anacor’s US 7,582,621 B2 on … Continue reading
Sport Dimension, Inc. v. The Coleman Company
Docket No. 2015-1553 MOORE, HUGHES, STOLL April 19, 2016 Brief Summary: DC claim construction rejected “because it eliminates whole aspects of the claimed design”. DC exclusion of expert witness found not to be an abuse of discretion because of his … Continue reading
Pride Mobility Products Corp. v. Permobil, Inc.
Docket No. 2015-1585, 2015-1586 IPR2013-000407 (8,408,598), IPR2013-00411 (8,408,343) REYNA, TARANTO, CHEN April 5, 2016 Brief Summary: Board claim construction of ‘343 claim 7 reversed (“We do not see how the claim language can mean anything else without obvious strain. The … Continue reading
Rembrandt Vision Technologies, L.P. v. Johnson & Johnson Vision Care, Inc.
Docket No. 2015-1079 DYK, MOORE, STOLL April 7, 2016 Update: Cert. denied 1/17/17 (16-489) Brief Summary: DC refusal to grant a new trial under FRCP 60(b)(2) (newly discovered evidence) and 60(b)(3) (fraud) after false expert testimony reversed and remanded. Summary: … Continue reading
Posted in Expert Testimony
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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
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