Pharmaceutical Hatch-Waxman litigation proceeds under a unique framework.  In this case, Hatch-Waxman declaratory judgment (“DJ”) defendants Gilead Sciences, Inc. (“Gilead”) and Astellas Pharma US, Inc. (“Astellas Pharma”) sought to dismiss Astellas Pharma for lack of personal jurisdiction and improper venue, and to dismiss pursuant to Federal Rule of Civil Procedure 19 non-joined and “necessary party” Astellas US LLC (“Astellas LLC’), the exclusive licensee.[1]  DJ plaintiff Apotex Inc. (“Apotex”) did not contest dismissing Astellas Pharma, nor…

A party that stayed silent when served deficient infringement contentions has its silence held against it when later accusing the opposition of not making its case. MLC Intellectual Property, LLC (“MLC”) sued Micron Technology, Inc. (“Micron”) in August 2014 for infringement of U.S. Patent No. 5,764,571 (“’571 Patent”), which claims a non-volatile memory device.  MLC is accusing Micron’s flash memory devices.  The case is pending before Judge Susan Illston. In an Order issued on April…

In an omnibus decision issued March 15, 2019, Judge Jon S. Tigar ruled on Plaintiff/Counter-Defendant Asia Vital Component Co., Ltd.’s (“AVC’s”) motion for partial summary judgment of non-infringement and Defendant/Counter-Claimant Asetek Danmark A/S’s (“Asetek’s”) motion for partial summary judgment of invalidity and motions to strike expert reports and declarations.  AVC is a Taiwan-based manufacturer of fan coolers and heat sinks for CPUs, laptops, and personal computers.[1]  Defendant Asetek is a Danish company credited with popularizing…

Two orders recently issued regarding whether district court litigation should be stayed pending inter partes review.  In both cases, the IPR petition had been filed recently, and the institution decision had not yet issued—but the results could not have been more different.  Judge Tigar granted a stay in Uniloc USA, Inc. v. LG Electronics U.S.A. Inc. (Case No. 3:18-cv-06739, “Uniloc”).  Two floors down, Judge Orrick went the other way in J & K IP Assets,…

Defendant Shine Bathrooms had already been hit with an order for default judgment and double damages in a patent case brought by Robern, Inc.  And the hits keep coming for Shine, as it was recently ordered to pay over $250,000 in attorneys’ fees under the “exceptional case” standard of 35 U.S.C. § 285. Notably, Judge Seeborg awarded attorneys’ fees even though there had been no explicit finding of willfulness.  The opinion explains the relationship between willfulness…

The BRAF gene helps human cells produce enzymes for cellular metabolism and growth.  Mutated BRAF genes contribute to the proliferation of cancer cells.  In 2005, Plaintiff Plexxicon Inc. began making compounds that reduce the growth of cancer cells that have the mutated BRAF gene.[1]  The core compound, vemurafenib, was tested in patients with metastatic melanoma with results such as those illustrated in the before-and-after picture shown at right.[2]  Vemurafenib, sold under the brand name Zelboraf®,…

We are proud to present the Northern District of California Patent Law Blog (N.D.Pa.L. Blog), which will address substantive and procedural developments specific to the U.S. District Court for the Northern District of California related to patent law. Written by a team of patent litigators with extensive experience in the Northern District of California, the blog provides on-the-ground insights on significant hearings and rulings that are key for attorneys practicing in the district. The blog…