Category: Federal Circuit
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Federal Circuit upholds decision to throw out $107.5M patent infringement verdict against AstraZeneca
The precedential decision, confirming the invalidation of two of Pfizer subsidiary Wyethâs cancer drug-related patents, held that the plaintiff not only failed to rebut evidence on certain issues, but its own experts agreed against it.
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Federal Circuit applies Third Circuit law to vacate District of Delaware’s waiver of preliminary injunction bond
The district court made the rare decision to waive Otsuka Pharmaceutical’s requirement to post a bond after granting it a preliminary injunction against Hetero Labs’ generic competitor.
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U.S. Supreme Court denies Finesse Wireless cert petition, snuffs out $166M verdict against AT&T
After an Eastern District of Texas jury awarded substantial damages to Finesse in 2023, AT&T and intervenor Nokia successfully appealed to the Federal Circuit.
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FTC urges Fourth Circuit to reverse summary judgment for Johnson & Johnson in Stelara antitrust suit: âspecific intent not required to prove monopolizationâ
The U.S. Federal Trade Commission has told the Fourth Circuit that a Virginia court wrongly required proof of specific intent before CareFirstâs Stelara biosimilar-patent monopoly claims against Johnson & Johnson could proceed.
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Lessons for prior art search providers as Federal Circuit again sides with Valve in appeal over game controller patent
“Something more is required” for estoppel when a classification search returns tens of thousands of results; while forward-and-backward citation searches may result in hindsight bias.
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Boston Scientific raises University of Texas’s alleged inflammatory comments, A-Rod comparisons in appeal of $42M District of Delaware jury verdict
Counsel compared an expert witness to the disgraced baseball player, while also suggesting that the standard for finding invalidity should be similar to deciding whether to commit someone to a psychiatric institution.
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Moderna appeals to save $1.3 billion patent dispute payout, asserts U.S. government-contractor immunity
Moderna has alleged that a district courtâs conclusions in a case against Arbutus are âdeeply flawedâ and that the U.S. Congress created Section 1498 specifically to shield government contractors from liability for government-authorized patent use in fulfilling a government procurement contract.
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Federal Circuit affirms district judge’s overruling of $469M jury verdict against DISH Network
ClearPlay sued DISH Network over its TV ad-skipping feature back in 2014, alleging infringement of two patents.
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Federal Circuit says owners of patents subject to exclusive license still have standing to sue where terms don’t render rights “illusory”
A.L.M. and Ergon granted wide-ranging rights to an exclusive licensee – but retained the right to sue third-party infringers.
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Federal Circuit reverses fee award and sanctions based on broad scope of what is purely lack of merit
The Federal Circuit affirmed dismissal of mComâs banking patent suits and upheld invalidity findings against the remaining asserted claims, but reversed both the fee award and the sanctions imposed against counsel, reiterating that unsuccessful patent litigation alone does not establish exceptional or abusive conduct.