Defendant Novartis Pharmaceuticals Corporation (“Novartis”) alleged that Plaintiff Plexxikon Inc.’s (“Plexxikon’s”) asserted patent claims are invalid for lack of enablement. When one skilled in the art can practice the claimed invention only after undue experimentation, the claimed invention is invalid
N.D.Pa.L.
Northern district patent litigation blog
The N.D.Pa.L. blog, published by Perkins Coie LLP, focuses on legal developments and case law primarily within the Northern District of California and related federal litigation contexts. It covers topics such as patent litigation, including issues around expert disclosures and infringement contentions, Hatch-Waxman pharmaceutical patent disputes, deposition procedures and evidentiary rules, and procedural aspects like joinder of parties and motions to strike expert reports. The blog provides analysis of court rulings on procedural and substantive patent law issues, discovery obligations, and litigation strategy relevant to intellectual property, pharmaceutical law, and complex commercial litigation.
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Latest from N.D.Pa.L.
A Deposition Is Not A Take Home Exam
The Liqmax 120 (one of the accused products manufactured by AVC and sold by its customer, Enermax).
There is a split in authority as to whether errata may be used to make substantive changes to deposition…
Failure to Join Hatch-Waxman Exclusive Licensee Required Dismissal
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,…
In Denying Motion to Strike Expert Report for Disclosing Infringement Theory Absent from Infringement Contentions, Court Notes that Defendant “Never Challenged Those Contentions as Inadequate”
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…
Cooling Technology Competitor Suit Winds Down
The Liqmax 120 (one of the accused products manufactured by AVC and sold by its customer, Enermax).
In an omnibus decision issued March 15, 2019, Judge Jon S. Tigar ruled on Plaintiff/Counter-Defendant Asia Vital Component Co.,…
Stays Pending IPR: The State of Discovery is Paramount
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…
Half-Hearted Defense Resulted in High Attorneys’ Fees Award Following Default Judgment
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…
HIGHLY CONFIDENTIAL-AEO Designation Ruled Adequate Protection for Non-Parties
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…
Welcome to the Northern District of California Patent Law Blog
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…
Patentee Allowed to Amend Infringement Contentions, but Must Pay for “Honest Mistake”
In early 2018, Simpson Strong-Tie Company, Inc. (“Simpson”) filed a declaratory judgement action against Defendant-Patentee OZ-Post International, LLC (“OZCO”). Simpson had received a “demand letter” from OZCO that identified Simpson’s Outdoor Accents structural wood screw and hex-head washer ([1], [2]):
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