Category Archives: Injunction

DC order for Jazz to delist “computer-implemented system” claims from Orange Book affirmed

Jazz Pharmaceuticals, Inc. v. Avadel CNS Pharmaceuticals, LLC Docket No. 2023-1186 ( LOURIE, REYNA, TARANTO February 24, 2023 Brief Summary:   DC order for Jazz to delist “computer-implemented system” claims from OB affirmed. Summary:  Jazz appealed DC grant of an … Continue reading

Posted in Claim Construction, Generics / ANDA, Injunction, Method claims | Leave a comment

DC grant of PI vacated and remanded as Lite-Netics’ infringement allegations not objectively baseless (First Amendment issues relating to customer letters addressed)

Lite-Netics, LLC v. Nu Tsai Capital LLC, Holiday Bright Lights (“HBL”) Docket No. 2023-1146 (h LOURIE, TARANTO, STARK February 17, 2023 Brief Summary:   DC grant of PI vacated and remanded based on the DC’s abuse of discretion in … Continue reading

Posted in Claim Construction, Doctrine of equivalents, Infringement, Injunction, Prosecution History Estoppel | Leave a comment

ITC decision reversed as Chamberlain disavowed openers lacking infrared detectors

Techtronic Industries Co. Ltd. et al. v. Int. Trade Comm., The Chamberlain Group, Inc. Docket Nos. 2018-2191 LOURIE, DYK, WALLACH December 12, 2019 Brief Summary: ITC claim construction and final determination of infringement reversed and vacated. Summary: Techtronic et al. … Continue reading

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DC correctly denied preliminary injunction since Propel showed evidence of anticipation by parent patent application

OrthoAccel Techs., Inc. v. Propel Orthodontics, LLC, et al. Docket No. 2018-1534 (Non-precedential) PROST, REYNA, WALLACH September 23, 2019 Brief Summary: DC denial of a preliminary injunction affirmed since Propel presented sufficient evidence to shift the burden of persuasion to … Continue reading

Posted in Anticipation (35 USC 102), Injunction, Priority, Uncategorized, Written description | Leave a comment

Invidior Inc. et al. v. Dr. Reddy’s Laboratories, S.A. et al.

Docket Nos. 2018-2167, -21696 NEWMAN (D), LOURIE, STOLL Nov. 20, 2018 (Non-precedential) Brief summary: DC order granting Invidior’s preliminary injunction reversed and remanded (“‘305 patent expressly disclaimed, through remarks in the specification, solely using conventional top air drying” and “claim … Continue reading

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Texas Advanced Optoelectronic Solutions, Inc. v. Intersil Corporation et al.

Docket No. 2017-2388 DYK, O’MALLEY, HUGHES July 6, 2018 Brief summary: DC decision regarding trade secret misappropriation and damages, and patent infringement, affirmed-in-part, reversed-in-part, and remanded. Summary: This opinion is a modified opinion of that originally-issued on May 1, 2018. … Continue reading

Posted in Damages, Infringement, Injunction, Trade Secret | Leave a comment

Endo Pharmaceuticals, Inc., Grunenthal GmbH v. Teva Pharm. USA, et al.

Docket No. 2015-2021(22 others) MOORE, BRYSON, HUGHES May 16, 2018 Non-precedential Brief summary: DC findings that the proposed ANDA of Endo’s OPANA®ER infringe the claims, and that those claims are not invalid for obviousness or indefiniteness, affirmed. Summary: Teva et … Continue reading

Posted in Generics / ANDA, Indefiniteness, Infringement, Injunction, Obviousness | Leave a comment

MACOM Technology Solutions Holdings, Inc. et al. v. Infineon Technologies AG et al.

Docket No. 2017-1448 PROST, WALLACH, STOLL January 29, 2018 Brief summary: DC grant of PI based on its finding that Infineon’s termination of an agreement was ineffective and order requiring Infineon to comply with the agreement affirmed, but vacated and … Continue reading

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Presidio Components, Inc. v. American Technical Ceramics Corp.

Docket No. 2016-2607, -2650 DYK, MOORE, TARANTO November 21, 2017 Brief summary: DC conclusion of no indefiniteness, that “ATC was entitled to the defense of absolute intervening rights”, and denial of enhanced damages affirmed. Award of lost profits and permanent … Continue reading

Posted in Damages, Indefiniteness, Injunction, Lost Profits | Leave a comment

Amgen Inc. et al. v. Sanofi, Regeneron et al.

Docket No. 2017-1480 PROST, TARANTO, HUGHES October 5, 2017 Brief summary: DC’s exclusion of post-priority-date evidence relating to whether a representative number of species were described in the patents’ specifications reversed and remanded; grant of permanent injunction against Sanofi therefore … Continue reading

Posted in Injunction, Uncategorized, Written description | Leave a comment