Topic
Patent Validity
197 published works
Essential Patent Blog
Patent Alert: Federal Circuit invalidates three patents, finding obviousness as a matter of law (Soverain Software v. Newegg)
On January 22, 2013, in Soverain Software LLC v. Newegg Inc., No. 2011-1009, the Federal Circuit (Newman, Prost, and Reyna) reversed a decision by the Eastern District of Texas that…
Retail Patent Litigation
Microsoft v. i4i: Snatching Victory from the Jaws of Defeat
Last year, the patent defense bar was disappointed when the Supreme Court refused to lower the standard for invalidating patents based upon prior art that was not considered by the…
Chicago IP Litigation
Disputed Reduction to Practice Dates Prevents Invalidity Summary Judgment
Tellabs Ops., Inv. v. Fujitsu Ltd., No. 08 C 3379, Slip Op. (N.D. Ill. July 27, 2012) (Holderman, C. J.). Judge Holderman denied plaintiffs’ (collectively “Tellabs”) motion for summary judgment…
Intellectual Property News.com
Eli Lilly Alimta Patent Validity Upheld On Appeal
IPNews® - The Federal Circuit on Friday affirmed the validity of Eli Lilly & Co.'s patent for its chemotherapy treatment Alimta, rejecting a challenge from generic drug makers Teva Parenteral…
Chicago IP Litigation
Bench Trial Finds Pharmaceutical Patent Valid and Enforceable
Bone Care Int’l., LLC v. Pentech Pharms., Inc., No. 08 C 1083, Slip Op. (N.D. Ill. Mar. 22, 2012) (Dow, J.). Judge Dow issued his opinion, findings of fact and…
Intellectual Property News.com
Apple and Facebook Patents Challenged
IPNews® - Apple and Facebook have recently faced ex parte challenges with the USPTO for invalidation of patents. The Apple patent challenges involve touchscreen interfacing and document presentation on a…
Intellectual Property News.com
Judge Finds an Allergan Patent to be Invalid
IPNews® - A U.S. District Court in Delaware recently ruled that Allergan’s patents related to its Sanctura XR drug are invalid. The ruling stems from a 2009 patent infringement complaint…
Patents Post-Grant
Ongoing Patent Reexamination Aids Summary Judgment on Invalidity
Court Cites ACP as Supportive of Summary Judgment of InvalidityGenerally, when reexamination evidence is used to support contentions of patent claim invalidity, the accused infringers do not simply attempt to…
Intellectual Property Law
Supreme Court Maintains Status Quo for the Standard of Proof to Challenge Patent Validity
The United States Supreme Court affirmed the application of the clear and convincing standard for proving a patent invalid, holding that the standard of proof applies regardless of whether the…
Delaware Intellectual Property Litigation
Judge Stark Grants Defendants’ Motion for Partial Summary Judgment of Invalidity for Failure to Disclose Best Mode
By Order, dated September 22, 2011, and Opinion later entered explaining the Court’s reasoning by The Honorable Leonard P. Stark, in Ateliers De La Haute-Garonne, et al. v. Broetje Automation-USA…