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
Continue Reading When Expert’s Failed Experiments are “Facts or Data” to be Produced, Not Protected Communications
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
Continue Reading A Deposition Is Not A Take Home Exam
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,
Continue Reading Failure to Join Hatch-Waxman Exclusive Licensee Required Dismissal
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
Continue Reading 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”
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.,
Continue Reading Cooling Technology Competitor Suit Winds Down
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
Continue Reading Stays Pending IPR: The State of Discovery is Paramount
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
Continue Reading Half-Hearted Defense Resulted in High Attorneys’ Fees Award Following Default Judgment
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
Continue Reading HIGHLY CONFIDENTIAL-AEO Designation Ruled Adequate Protection for Non-Parties
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.
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Continue Reading Welcome to the Northern District of California Patent Law Blog
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]):
