Category Archives: Jurisdiction

Jack Henry & Associates, Inc. et al. (JH) v. Plano Encryption Technologies LLC (PET)

Docket No. 2016-2700 NEWMAN, WALLACH, STOLL December 7, 2018 Brief summary: DC dismissal of JH’s DJ action against reversed and remanded since PET’s letters to the Banks charging infringement established minimum contacts in the ND TX and PET did not … Continue reading

Posted in Article III disputes, Jurisdiction | 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

AbbVie, Inc. et al. v. Medimmune Limited

Docket No. 2017-1689 PROST, DYK, CHEN February 5, 2018 Brief summary: DC dismissal of AbbVie’s DJ action affirmed since its requested “declaration would not actually resolve the parties’ contractual dispute” (Medimmune, US 2007). Summary: AbbVie appealed DC grant of Medimmune’s … Continue reading

Posted in Appeal, Article III disputes, Jurisdiction | Leave a comment

TC Heartland LLC v. Kraft Foods Group Brands LLC

SCOTUS Docket No. 16-341 May 22, 2017 Brief Summary: SCOTUS held “that a domestic corporation ‘resides’ only in its State of incorporation for purposes of the patent venue statute” (28 USC §1400(b)) and not as defined by the broader definition … Continue reading

Posted in Jurisdiction, Uncategorized | Leave a comment

NexLearn, LLC v. Allen Interactions, Inc.

Docket No. 2016-2170, -2221 MOORE, SCHALL, HUGHES June 19, 2017 Brief Summary: DC dismissal of NexLearn’s infringement and breach of contract due to breach of confidentiality relating to an NDA affirmed (e.g., “[w]hile a Kansas resident could purchase ZebraZappsfrom Allen’s … Continue reading

Posted in Jurisdiction | Leave a comment

Halo Electronics, Inc. v. Pulse Electronics, Inc. et al.

Docket No. 2016-2006 LOURIE, MOORE, HUGHES May 26, 2017 Brief Summary: FC panel determined it lacked jurisdiction under § 1295(a)(1) or § 1295(c)(2) because “the order appealed from is itself non-final”. Summary: Pulse appealed from DC’s award of prejudgment interest … Continue reading

Posted in Appeal, Damages, Jurisdiction | Leave a comment

Asia Vital Components Co., Ltd. v. Asetek Danmark A/S

Docket No. 2015-1597 PROST, LINN, TARANTO September 8, 2016 Brief Summary: DC dimissal DJ action of noninfringement for not pleading sufficient facts to show there was a substantial controversy reversed since Asetek, e.g., “demonstrate[ed] intent to enforce” its patents. Summary: … Continue reading

Posted in Article III disputes, Infringement, Jurisdiction | Leave a comment