AstraZeneca’s cancer drug Calquence, has weathered a significant challenge by dodging a review by the Patent and Trial Appeal Board (PTAB). Calquence, a pharmaceutical drug that has accounted for more than $2 billion in sales for AstraZeneca the previous year, is clearly a high-valued asset for the international pharmaceutical company. The legal confrontation had commenced…
Medical testing companies, Natera Inc. and Eurofins Viracor LLC, recently urged the U.S. Supreme Court to refrain from reviewing the invalidation of Stanford University and CareDx patents for their innovatory blood test. The blood test, crucial for detecting organ rejection, had its patents invalidated as they were deemed to cover only natural phenomena. Law360 reported…
The Federal Circuit has dismissed a petition for rehearing in the case involving WeatherTech. The court had previously invalidated two patents linked to the WeatherTech brand of floor mat. Interestingly, these patents were originally upheld at the Patent Trial and Appeal Board. The dismissal means that the Federal Circuit’s previous decision to invalidate these patents…
Sony has recently appealed to the Federal Circuit to compel a Texas federal judge to relocate a lawsuit to California. The lawsuit accuses Sony of infringing multiple patents through its PlayStation 4 console. According to Sony, the relocation is justified because the patent owner does not operate in Texas. The case arose from a patent…
A Senate bill seeking crucial modifications to the operation of patent challenges at the Patent Trial and Appeal Board (PTAB), has come under fire from a consortium of ten think tanks and consumer groups. Their main concern? They believe the bill will perpetuate the status quo of Americans paying higher prices for prescription drugs than…
In a long-winded patent battle among industry giants Intuitive Surgical and Johnson & Johnson subsidiary Auris, there has finally been a resolution. The two entities have agreed to settle a nearly five-year lawsuit regarding accusations of infringement on various surgical robot patents. The agreement thereby concludes a span of protracted litigation that began back in…
In a recent decision, the Federal Circuit tackled patent eligibility under Alice in Sanderling Management v. Snap Inc, No. 21-2173 (Fed. Cir. Apr. 12, 2023). The case, which questions whether the district court should have afforded the patent owner leave to amend its complaint, offers refreshing insights on the avenues of litigation and the thresholds…
In a recently published article on JD Supra, the U.S. Federal Circuit is closely monitoring legal developments around patent law. Specifically, the question of whether pending, non-final litigation or Inter Partes Review (IPR) processes can negate intent to infringe if there’s already substantive evidence supporting such intentions. The focal point of this legal discussion is…
In a noteworthy instance of patent law, the Patent Trial and Appeal Board (PTAB) has denied an institution petition from Mercedes Benz USA, disputing the filing date of a challenged patent held by Westport Fuel Systems Canada Inc. The case in question, Mercedes-Benz USA, LLC v. Westport Fuel Systems Canada Inc, Case IPR2023-00351, unfolded earlier…
Cellspin, the patent owner, is persistently urging the Federal Circuit to retroactively disqualify a California federal judge from an intellectual property dispute involving Fitbit LLC, a unit of Google. Moreover, the company makes an argument that the outcome of the case may have extensive implications for the United States’ judicial system. In various legal scenarios,…
In a significant unfolding event within American intellectual property law, Cellspin is maintaining its effort to have the Federal Circuit retroactively disqualify a California federal judge from a suit that involved the Google unit, Fitbit LLC. As reported by Law360, the patent holder argues that this case has widespread ramifications for the American judicial system….
A recent report reveals that U.S. District Judge Rodney Gilstrap has declared a pause on all deadlines relating to the ongoing dispute between the California Institute of Technology and electronics conglomerate Samsung. On Tuesday, Caltech and Samsung informed the court that they are on the verge of signing a settlement agreement, intended to resolve the…
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…