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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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© Patrick J. Halloran, Ph.D., J.D. and lifescienceip.wordpress.com, [2011-2017]. Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Patrick J. Halloran, Ph.D., J.D. and lifescienceip.wordpress.com with appropriate and specific direction to the original content.
Category Archives: Inequitable Conduct
Mark A. Barry v. Medtronic, Inc.
Docket No. 2017-2463 PROST, MOORE, TARANTO January 24, 2019 Brief summary: DC and jury conclusions of no invalidity and infringement affirmed (e.g., the invention was not in “public use” as the use was experimental, no § 102(b) on-sale bar, no … Continue reading
Core Wireless Licensing S.A.R.L. v. Apple Inc.
Docket No. 2017-2102 REYNA, BRYSON, HUGHES August 16, 2018 Brief summary: Jury finding of infringement and no invalidity of CW’s ‘151 claim affirmed but “implied waiver” / unenforceability arguments remanded; finding of infringement of ‘536 claim reversed. Summary: Apple appealed … Continue reading
In re: Rembrandt Technologies LP et al. v. Comcast et al.
Docket No. 2017-1784 O’MALLEY, MAYER, REYNA August 15, 2018 Brief summary: DC finding this litigation exceptional under § 285 affirmed; $51 million fee award vacated and remanded as the DC “awarded all fee fees with no explanation whatsoever of a..causal … Continue reading
Posted in Attorney's Fees, Damages, Inequitable Conduct
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Everlight Electronics Co., Ltd. et al. v. Nichia Corporation et al.
Docket Nos. 2016-1577, -1611 WALLACH, CHEN, HUGHES January 5, 2018 Non-precedential Brief summary: DC finding that jury obviousness determination was supported by substantial evidence and its conclusion that the requisite intent for inequitable conduct affirmed. Summary: Everlight brought DJ suit … Continue reading
Regeneron Pharmaceuticals, Inc. v. Merus N.V.
Docket No. 2016-1346 PROST, NEWMAN, WALLACH July 27, 2017 Update (Dec. 26, 2017): Petition for rehearing en banc denied; Judges Newman and Reyna dissented, concerned that under this decision “inequitable conduct in patent prosecution can be retrospectively imposed by ‘adverse … Continue reading
Posted in Inequitable Conduct
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Intercontinental Great Brands LLC (“Kraft”) v. Kellogg North America Co. et al.
2016-2082, -2084 PROST, REYNA (D), TARANTO September 7, 2017 Brief summary: DC grant of SJ for obviousness and no inequitable conduct affirmed. Summary: Kraft appealed grant of SJ to Kellogg of invalidity for obviousness of the asserted claims of Kraft’s … Continue reading
Posted in Inequitable Conduct, Obviousness, Reexamination
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Regeneron Pharmaceuticals, Inc. v. Merus N.V.
Docket No. 2016-1346 PROST, NEWMAN, WALLACH July 27, 2017 Brief summary: DC finding of inequitable conduct based on “adverse inference of specific intent to deceive the PTO”, perhaps due in part to litigation misconduct, affirmed. Summary: Regneron appealed DC holding … Continue reading
Posted in Inequitable Conduct
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