Category: Patent Litigation
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Jury awards Burford-funded Taction $5.7B against Apple, but verdict appears not too likely to be affirmed; even JMOL appears possible
It will not be easy to defend this record patent damages verdict, given not only its outsized amount but also the deficiencies of the record that Apple has already alleged.
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French consumer rights group urges Disney+ to compensate customers for switching off 4K following InterDigital injunctions
While Disney+ switched 4K back on again using a workaround in Germany, the streaming giant has not done the same in its other markets, including France.
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Mylan seeks declaratory judgment against Novo Nordisk over newly issued Wegovy patent, aiming to preempt a new Delaware lawsuit
Mylan has asked a Delaware court to declare a newly issued Novo Nordisk Wegovy patent invalid and not infringed, opening a new front in their long-running Hatch-Waxman fight over generic semaglutide.
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EPO board of appeal rejects claim-saving approach to ambiguous amendments
The EPO Board of Appeal has rejected a claim-saving approach to ambiguous amendments in a Philip Morris e-cigarette patent dispute, holding that unresolved ambiguity can broaden a claim and create added-matter problems.
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Federal court dismisses Entresto antitrust suit against Novartis: patent listing in Orange Book was proper
Judge Liman held that the U.S. Patent No. 8,101,659 claims the active ingredients on Entresto’s FDA label, so its Orange Book listing was proper, ending a payor’s antitrust case with prejudice.
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UPC Brussels limits interveners’ ability to pursue independent claims
The UPC’s Brussels LD has rejected the NIH’s bid to be treated as a co-claimant in 2seventy Bio’s infringement case, holding that interveners are limited to supporting the claims of the party they join and cannot pursue an independent litigation position.
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Samsung handed third straight win at UPC as Munich LD revokes Maxell’s Galaxy content-casting patent
The UPC’s Munich LD has revoked a Maxell patent covering phone-to-TV content casting for lack of novelty, dismissing its infringement suit against Samsung’s Galaxy lineup and awarding Samsung €620,000.
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BYD seeks declaratory judgment against First Solar following ITC complaint withdrawal, challenges patent ownership
First Solar claimed it was “recalibrating” its patent enforcement strategy after U.S. President Trump sought to impose tariffs on polysilicon imports from China and elsewhere.
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Crocs hits retail rival’s clog line with trade dress, design, utility patent claims
Crocs is suing retail rival Five Below over its clog-and-charm products, asserting Classic Clog trade dress, a Saru design patent and three Jibbitz utility patents. The complaint seeks injunctive relief, damages, and a disgorgement of profits.