Category Archives: Uncategorized

Ten Most Viewed Posts of 2017

1. Warsaw Orthopedic, Inc. / Medtronic Sofamor Danek USA, Inc. (“MSD”) et al. v. NuVasive, Inc. Docket No. 2013-1576, -1577 LOURIE, DYK, REYNA (C) June 3, 2016 On remand from SCOTUS, this decision affirmed DC/jury finding of induced infringement. The … Continue reading

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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

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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

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The Cleveland Clinic Foundation et al. v. True Health Diagnostics LLC

Docket No. 2016-1766 LOURIE, REYNA, WALLACH June 16, 2017 Brief Summary: Patent directed at detecting myeloperoxidase release as a sign of cardiovascular disease ineligible under § 101. DC decision of no contributory or induced infringement affirmed since CCF fell “short … Continue reading

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EmeraChem Holdings, LLC v. Volkswagen Group of America, Inc. et al.

Docket No. 2016-1984 (IPR2014-01558) MOORE, CLEVENGER, CHEN June 15, 2017 Brief Summary: Board finding that prior art patent sharing inventor not overcome by uncorroborated inventor declaration affirmed. EmeraChem found not to have had sufficient notice and opportunity to be heard … Continue reading

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Verinata Health, Inc. / Stanford / Illumina, Inc. v. Ariosa Diagnostics, Inc.

Docket No. 2015-1970 REYNA, CLEVENGER, WALLACH July 26, 2016 Brief Summary: DC order denying Illumina’s request to compel arbitration with Ariosa affirmed because Ariosa’s “counterclaims all rise or fall on the scope determination of licensed intellectual property rights, a matter … Continue reading

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Andrulis Pharmaceuticals Corp. v. Celgene Corp.

DC Delaware Case 1:13-cv-01644-RGA Affirmed by FC panel 7/14/16 (Docket No. 2015-1962) PROST, SCHALL, CHEN July 14, 2016 Brief Summary: FC affirmed DC DE finding of invalidity of US 6,140,346 due to the indefiniteness of the term “enhanced” in e.g., … Continue reading

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