Category Archives: Inducement to Infringe

AIDS Healthcare Foundation, Inc. v. Gilead Sciences, Inc. et al.

Docket No. 2016-2475 MOORE, REYNA, TARANTO May 11, 2018 Brief summary: DC dismissal of AHF’s request for DJ for not relating to a current “substantial controversy” affirmed. Summary: AHF appealed DC dismissal of its request for a declaratory judgment (DJ) … Continue reading

Posted in Article III disputes, Inducement to Infringe | Leave a comment

Vanda Pharm. Inc. v. West-Ward Pharm. Int. Ltd. et al.

Docket No. 2016-2707, -2708 PROST, LOURIE, HUGHES April 13, 2018 Brief summary: DC finding of infringement of later-issued OB patent by amended ANDA, and that method of treatment claims are patentable under § 101 affirmed. Summary: WW appealed DC holding … Continue reading

Posted in Generics / ANDA, Inducement to Infringe, Infringement, Jurisdiction, Patentability, Written description | Leave a comment

Nalco Company v. Chem-Med, LLC et al. (24 other parties)

Docket No. 2017-1036 MOORE, SCHALL, O’MALLEY February 27, 2018 Brief summary: DC dismissal of Nalco’s complaint for failing to properly allege infringement reversed and remanded since “[t]he ‘purpose of a motion to dismiss is to test the sufficiency of the … Continue reading

Posted in Appeal, Contributory Infringement, Doctrine of equivalents, Inducement to Infringe, Infringement | Leave a comment

Liqwd, Inc., Olaplex LLC v. L’Oreal et al.

Docket No. 2017-2295 DYK, REYNA, TARANTO January 16, 2018 Non-precedential Brief summary: DC decision denying PI vacated and remanded as based on erroneous claim construction (e.g., (“[c]ontext is central in claim construction”). Summary: Assignee Liqwid and exclusive licensee Olaplex (together … Continue reading

Posted in Claim Construction, Inducement to Infringe, Infringement | Leave a comment

Travel Sentry, Inc. v. David A. Tropp / David A. Tropp v. Conair, et al.

Docket No. 2016-2386, -2387, -2714, -1025 REYNA, LINN, CHEN December 19, 2017 Brief Summary: DC grant of SJ for no direct infringement under § 271(a) vacated and remanded because, e.g., “[a] reasonable jury could conclude that [TS’s] activities do establish … Continue reading

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Sanofi, et al. v. Watson Laboratories, Sandoz Inc.

Docket No. 2016-2722, -2726 PROST, WALLACH, TARANTO November 9, 2017 Brief summary: DC decision finding inducement to infringe based on proposed drug label, no obviousness in view of prior art clinical trial documents, or prosecution history estoppel affirmed. Summary: Sanofi … Continue reading

Posted in Contributory Infringement, Inducement to Infringe, Obviousness, Prosecution History Estoppel | Leave a comment

Cisco Systems, Inc. v. ITC / Arista Networks, Inc. v. ITC

Docket Nos. 2016-2563, -2539 REYNA, SCHALL, WALLACH September 27, 2017 Brief summary: ITC decision that Arista’s importation of switches lacking software infringed (induced and contributory) Cisco’s patents affirmed. Summary: This decision relates to the ITC’s § 337 investigation based on … Continue reading

Posted in Claim Construction, Contributory Infringement, Inducement to Infringe, Infringement, International Trade Commission, Prosecution History Estoppel | Leave a comment