Category: United States
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Patents out, trade secrets in: Celonis seeks to reshape SAP fight in California
Celonis plans to modify its antitrust lawsuit in California against SAP to add trade secret allegations stemming from discovery, igniting a discussion about the relevance of new IP claims in the case.
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Federal Circuit analysis would create “substantial disincentive” to generic entry, USDOJ tells Supreme Court in Hikma v. Amarin
The key arguments centred on whether it was plausible that Hikma’s marketing amounted to inducement to infringe.
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First U.S. SEP injunction since 2007 now unlikely: Wilus v. Askey & Samsung pretrial conference gets canceled on short notice
On Tuesday, Judge Gilstrap first modified the time of a Wilus v. Askey & Samsung pretrial conference, and later in the day canceled it altogether. Some interesting motions are now unlikely ever to be adjudicated.
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FedEx can fight another day in Qualcomm dispute, as Federal Circuit considers IPR real-parties-in-interest
The USPTO withdrew its initial defense of the PTAB’s refusal of FedEx’s arguments around real parties in interest.
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Pfizer settles with three Vyndamax generic challengers mid-trial, extends exclusivity, presumably through pay-for-delay
Pfizer has quickly reached a settlement with Cipla, Hikma, and Dexcel during a five-day bench trial in Delaware, ending the dispute and extending its effective monopoly.
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LG TV case: Federal Circuit OKs mix of standard-related and standard-unrelated infringement theories for same patent claims
“Mixed” patent claims will be at issue sooner or later outside of the U.S., too.
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Google petitions U.S. Supreme Court over Patent Trial & Appeal Board “settled expectations” denials
Google’s petition is likely to attract amicus briefs from other companies that are finding it increasingly difficult to get inter partes reviews instituted.
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Judge Gilstrap finds Verizon reasonably expected not to get sued by Headwater (in which it invested), tosses $175M jury verdict
Judge Gilstrap’s passion for patent law is evidenced by how he uses “to teach away” in a context in which it is highly uncommon terminology.
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CureVac sues Moderna in Delaware over Spikevax patents, seeking treble damages but no injunction
CureVac sues Moderna for treble damages but not an injunction over 10 patents related to Spikevax. The case adds to broader post-COVID mRNA patent battles.