Tag Archives: patent litigation

Federal Circuit Holds Patentee Cannot Use Retroactive Statutory Disclaimer to Avoid Patent Marking Statute, But Leaves Open a Key Question About the Statute’s Application

Last week, in its opinion in Rembrandt Wireless Technologies, LP v. Samsung Electronics Co., Ltd., the Federal Circuit resolved one question about patent marking under 35 U.S.C. § 287 but left another open—whether the marking statute applies on a claim-by-claim or patent-by-patent basis. The case stemmed from a jury verdict in the Eastern District of … Continue Reading

Federal Circuit Rules Device Patent Claims Not Limited by Specification Description, Not Invalid for Lack of Written Description

Earlier this month in ScriptPro LLC v. Innovation Associates, Inc., the Federal Circuit overturned a district court’s grant of summary judgment based on a lack of written description under 35 U.S.C. § 112. The device patent at issue, ScriptPro’s U.S. Patent No. 6,910,601 (“the’601 patent”), “is directed to a ‘collating unit’ used with a control … Continue Reading

Supreme Court Agrees To Hear Two Additional Patent Cases

On Friday, the Supreme Court granted certiorari in two patent appeals from the Federal Circuit, Limelight Networks, Inc. v. Akamai Technologies, No. 12-786 and Nautilus, Inc. v. Biosig Instruments, Inc., No. 13-369.  Both cases have potential implications for medical device patent litigation. The first case, Akamai, involves the scope of liability for induced infringement under … Continue Reading

Federal Circuit Clarifies Standard For Litigants Seeking Attorneys’ Fees Under 35 U.S.C. § 285

Fee shifting has become a hot topic in patent litigation.  All patent holders, including holders of medical device patents, should take notice of these developments as they may influence decisions regarding whether to enforce a patent against a potential defendant. In Kilopass Tech., Inc. v. Sidense Corp., the Federal Circuit, in an opinion written by … Continue Reading

Federal Circuit Decides Appeals on Patent Liability Issues Are Possible Before Willfulness And Damages Trials

A recent decision by the Federal Circuit could impact litigation strategy in patent infringement cases.  In Robert Bosch, LLC v. Pylon Manufacturing Corp., the Federal Circuit decided en banc that, under 28 U.S.C. § 1292(c)(2), it has jurisdiction over an appeal on liability issues (i.e. patent infringement and patent validity) before the district court tries … Continue Reading

Supreme Court Issues Decision on Gene Patenting in Myriad Case

Kurt Calia and Allison Kerndt also contributed to this post. The Supreme Court released its decision in Association for Molecular Pathology et al. v. Myriad Genetics, Inc. et al. (Appeal No. 12-398) earlier today.  The question presented was whether human genes are patent eligible.  In a unanimous decision, the Supreme Court held that naturally occurring … Continue Reading

Federal Circuit Declines to Hold On Summary Judgment That Third-Party Clinical Trial Was Invalidating Public Use

In Dey, L.P. v. Sunovion Pharms., Inc., the Federal Circuit provided guidance for determining whether the use of a formulation during a clinical trial constitutes a “public use” sufficient to invalidate a patent claiming the formulation. Appeal No. 2012-1428 (Fed. Cir. May 20, 2013). The parties, Dey and Sunovion, are competitors that both own patents … Continue Reading

Medical Device Patent Litigation at the ITC

The International Trade Commission (“ITC”) has become an increasingly popular forum for litigating patent infringement disputes, including for medical device companies.  In fact, over the past few months alone, at least three separate complaints involving medical device companies have been filed at the ITC.  Given the nature of the ITC, this raises the stakes for … Continue Reading

Recent Trends in Medical Device Patent Litigation

The medical device industry has seen a rise in the number of cases filed by patent holders in recent years.  A study of patent litigation trends, the 2012 Patent Litigation Study published by Pricewaterhouse Coopers LLP, contains some interesting observations regarding trends in patent litigation, including cases involving medical devices.  For example: Number of cases.  … Continue Reading
LexBlog