On August 8, 2023, a series of events unfolded at the Federal Circuit that caught the attention of legal professionals worldwide, when not one, but two independent inventors lost their respective appeals. Despite the body of the article not being fully available, one can gather a substantial amount of insight simply by examining the particulars…
In a significant turn of events for InterDigital Inc., a California federal judge has dismissed a suit accusing the company of violating antitrust laws. Filed by a Swiss chipmaker, the lawsuit alleges that InterDigital demanded excessively high royalty rates to license patents considered crucial to 3G and 4G cellular technology standards. The judge, however, granted…
In a recent precedential opinion, the U.S. Court of Appeals for the Federal Circuit clarified the original patent requirement invoking Title 35 of the U.S. Code, Section 251, in correlation to reissue applications. The case in point In re: Float’N’Grill LLC. The Federal Circuit’s decision rejected the patent reissue request from the floating grill company,…
In light of recent developments, we examine the July 11 announcement by the United States Patent and Trademark Office (USPTO). The Office of the Chief Economist publicized the 2022 updates to its Trademark Case Files Dataset and Trademark Assignment Dataset. An evaluation of these updates shows an ongoing investment by the USPTO in improved transparency…
In a recent patent dispute, a panel from the Patent Trial and Appeal Board (PTAB) invalidated eight claims tied to the design of a uniquely developed orthopedic implant by surgical device powerhouse, Stryker. The implant, geared to fit between two bone parts, was contended in a lawsuit set forth in an Illinois federal court against…
In early July, seven more Humira® (adalimumab) biosimilars, including a single interchangeable, joined Amjevita™ (adalimumab-atto) on the US market. Abrilada™ (adalimumab-afzb) remains the sole FDA-approved adalimumab biosimilar yet to be launched, despite predictions for an early release as of July 2023. The addition of these new biosimilars is poised to shake up the market considerably…
Tesla Inc., the renowned electric vehicle company, has been accused of patent infringement. According to a recent filing in a Texas federal court on August 7, 2023, Graphite Charging Co., claims Tesla used their patented technology to develop their charging stations, related applications, and autonomous control systems. Graphite Charging Co.’s patents specifically cover inventions for…
In recent news, IP Data Co., a patent owner, accused Canadian e-commerce firm Shopify of initiating a ‘smear campaign’ by urging it to disclose more about its funding. The tech company has referred to the Shopify’s move as nothing more than an attempt for publicity. The controversy rose to prominence when Shopify demanded more transparency…
In a key legal dispute in North Carolina, a Federal Judge has ruled that a patent claim central to the case is invalid. The patent, originally issued for an automated “data processing network”, is owned by a prolific litigator. The litigator’s latest legal battle is against an online company that sells binders. Emerging from this…
In a noteworthy recent development, the Patent Trial and Appeal Board (PTAB) has ruled against Saint-Gobain Ceramics & Plastics Inc. The PTAB invalidated all claims of a patent owned by the company, which pertains to materials used in chemical manufacturing. This ruling was made after a challenge from Scientific Design Co. Inc. Although details surrounding…
In a recent development, Hong Kong-based furniture manufacturer Man Wah Holdings Ltd. has been permanently prohibited from selling a cup-holder design by a federal magistrate judge, marking the conclusion of an intellectual property dispute. The jury found that the design in question infringed on a patent held by a yet unidentified company from Wisconsin, USA….
In a significant development that could potentially impact 5G adoption and related IP policies, a Dallas-based intellectual property firm has lodged a lawsuit against Apple Inc. in a California federal court. The claims made by this company are two-fold: first, that Apple is infringing upon patents essential to the implementation of the 5G standard, and…
Ahead of a fast-approaching jury trial, point-of-sale and e-commerce organization Lightspeed has proposed a legal strategy aimed at preventing the potential utilization of past litigation victories by their opposition. Specifically, the Pennsylvania-based patent company is being asked not to reference a previous $13M verdict victory that took place in Texas federal court. According to Law360’s…
In recent legal update, the Federal Circuit has directed the Patent Trial and Appeal Board (PTAB) to reevaluate a ruling related to Medtronic Inc.’s patents. This follows into the limelight, Axonics Inc.’s revived challenge against a pair of patents which Medtronic Inc. holds, surrounding its InterStim sacral stimulation system. This technological system is primarily used…
In the complex realm of patent law, the case of United Therapeutics Corporation v. Liquidia Technologies, Inc. offers some critical insights. This case, an appeal and cross-appeal originating from a District of Delaware decision, touches on several key issues relating to patent infringement and validity. The case centers around the status of several different claims…
Recent developments in Congress could potentially reshape the patent litigation landscape, with two bills recently introduced seeking to reform patent eligibility and change procedures for litigating patent invalidity. These developments may require legal professionals involved in patent litigation to recalibrate strategies and anticipate the potential implications of such legislative changes on infringement litigation. The first…
In a recent case, United Therapeutics Corporation v. Liquidia Technologies, Inc., there was a discussion by the Federal Circuit on July 24 concerning the necessity for safety and efficacy within pharmaceutical method claims to be sufficiently enabled and backed by written description. This case was sparked when Liquidia Technologies filed a new Drug Application for…
GlaxoSmithKline (GSK) has initiated a lawsuit against Pfizer in an attempt to put a halt to their Respiratory Syncytial Virus (RSV) vaccine for adults. GSK asserts that Pfizer’s vaccine, known as Abrysvo, infringes on four of their patents. The news of this lawsuit comes as we approach the RSV season, which usually kicks off in…
In a recent development, the director of the U.S. Patent and Trademark Office (USPTO) has overturned a Patent Trial and Appeal Board (PTAB) decision that declined to re-evaluate a biotech firm’s patent pertaining to a hormonal disorder treatment. The reversal came on Friday, and it was a significant move by Andrei Iancu, the USPTO Director….
In a recent development, a Texas federal judge has dismissed a lawsuit aimed at PGA Tour Inc. The suit had accused the entity of infringing upon patents permitting spectators to monitor the real-time performance of individual golf players as they manoeuvre around the course during a tournament. The case, initially filed in West Texas, confronted…
The director of the U.S. Patent and Trademark Office has imposed penalties on a company challenging a key VLSI microchip patent, securing Intel a $2.2 billion jury verdict. The company under question is Patent Quality Assurance, which was brought before the Patent Trial and Appeal Board. This punitive action has been taken due to what’s…
In a relevant recent development, the PTAB (Patent Trial and Appeal Board) granted the institution of an Inter Partes Review (IPR) in light of several parallel district court proceedings regarding the same patent. The Board was not persuaded by the Patent Owner’s argument that the petitioner’s “conflicting” stances regarding claim construction within the district court…
In the 2023 mid-year review, the key developments in trade secret legislation have been highlighted by Smith Anderson in their white paper, surfacing crucial shifts in intellectual property law we should all be aware of. As stipulated, a trade secret is any piece of information used in a business operation that holds independent economic value…
Artificial Intelligence (AI) tools, ranging from text and image generators to music and software code marvelling utilities, have seen a significant proliferation recently. However, their integration with Intellectual Property (IP) has been the subject of intense discussion in legal circles. One of the key focal points of these debates circles around whether works of art…
The previous week’s litigation in London was marked by a flurry of legal activity. Law firm Hugh James instigated legal actions against Berrymans Lace Mawer LLP due to the guidance it provided to a medical group involved in a case over non-medical-grade silicone implants[1]. In more international news, Panasonic has lodged a patent claim against…