On January 10, counsel for Corcept ($CORT) filed a letter with the Court in the pending patent litigation against Teva ($TEVA) over its proposed generic for Korlym®. (See Dkt. 49). Within that letter, Corcept requested an extension of one week to respond to Teva’s Answer to the Amended Complaint. Corcept’s letter further stated that the “parties are currently discussing a potential agreement that would eliminate the need for Corcept to respond to Teva’s Answer . . . .” Is that potential “agreement” a resolution to the litigation?
Read MoreSophisticated defendants like Apple have three chances (jury, judge, appeals court) to “win” on damages, or to at least allow the litigation process to set the appropriate settlement range for any patent claim. It is a gauntlet for a patent owner to run, but it also confirms that any patent valuation that is not conducted through a litigation lens is likely as worthless as a big-ticket jury verdict based on erroneous expert testimony.
Read MoreCelgene ($CELG) has announced plans to be acquired by Bristol Meyers Squibb ($BMY). A settlement conference is scheduled in the Hatch-Waxman patent case between Celgene and Dr. Reddy’s on January 10, 2019. Now that Bristol Meyers is at the table, will the parties be able to reach a settlement that couldn’t be reached before?
Read MoreEarlier this year, the Federal Circuit issued two precedential decisions that were predicted to stem the tide of early dismissals based upon Alice motions. The cases were Berkheimer v. HP and Aatrix Software v. Green Shades Software, and there were both deemed precedential by the Federal Circuit. A recent concurrence at the Federal Circuit, however, shows that the Court may be splitting over the rationale underpinning Berkheimer and Aatrix, and that split may be heading for the Supreme Court.
Read MoreNo longer should patent owners assume that the only pain of losing an IPR is seeing their patent cancelled. If there is a pending companion case in court, the likelihood that a losing IPR effort could lead to a larger award of attorney’s fees must also be taken into account. Put another way, the chances of a patent owner feeling double the pain because of an IPR filing have just gone up.
Read MoreThe competitive threat to wholesaler/retailers like Williams-Sonoma by Amazon’s approach is real; we can therefore expect more companies like Williams-Sonoma to take action with respect to enforcing their IP rights against Amazon’s encroachment.
Read MoreA recent precedential decision from the Federal Circuit sheds important light on how the Court views attorneys fees in patent cases.
Read MoreWhile Bumble has since counter-sued on its own trade secret claim, there is no doubt that the Tinder patent lawsuit remains a overhang on the company’s plans to raise outside capital.
Read MoreModerna is currently embroiled in an intellectual-property dispute that may be material to its long-term profits, regardless of which of the products in its pipeline eventually succeed. At least one company, Arbutus Biopharma, has already claimed that Moderna’s tech uses its mRNA delivery technology. Two pending patent disputes may decide whether Arbutus’ patents are a roadblock to Moderna’s revenue.
Read MoreBoehringer Ingelheim has been one of the lone holdouts in AbbVie’s ($ABBV) campaign to delay biosimilar competition against Humira® until 2023. To date, AbbVie has settled with almost all proposed biosimilars for entry dates in 2023. Is Boehringer going to launch at-risk?
Read MoreEarlier this week, we blogged about the series of pending summary judgment motions in MorphoSys’ ($MOR) lawsuit accusing Janssen’s ($JNJ) Darzalex® of infringing its patents. The Court heard oral argument on December 3. The transcript of that hearing is not currently publicly available. The Court, however, did issue oral rulings at the end of the hearing that hit the docket on December 4. What do the rulings mean?
Read MoreThe Darzalex® patent case commenced by MorphoSys against Janssen is headed towards trial. Before that, however, the parties recently filed a series of summary judgment motions, and on December 3, 2018, the Court heard oral argument. Will the Court moot the trial by granting Janssen’s motions to invalidate the patents?
Read MoreThe PTAB has issued its first post-AIT decision, Unified Patents, Inc. v. Realtime Adaptive Streaming, LLC. In Realtime, the Patent Owner sought to defeat institution by arguing that Unified has run afoul of the AIT decision by failing to identify all RPIs, namely, its members. The PTAB disagreed and instituted Unified’s IPR. (The institution decision was entered in October, but the redacted decision issued on November 27, 2018). How do we square the AIT decision with the Realtime decision? Will third-party filers, such as Unified and RPX, no longer face RPI issues?
Read MoreA recent precedential case by the Federal Circuit, Maxchief Investments, Ltd. v. Wok & Pan, Ind., Inc., shows that the risk of a DJ action resulting from a pre-suit notice letter may be less troubling for a different reason than the one that preceded TC Heartland—namely, personal jurisdiction.
Read MoreToday, the Federal Circuit issued an important precedential decision for induced infringement. The case, Enplas Display Device Corp. v. Seoul Semiconductor Co., Ltd., Case No. 2016-2599 (Fed. Cir. Nov. 19, 2018), indicates that defendants that manufacture and sell components abroad cannot so easily evade induced infringement by claiming ignorance that their products end up within the U.S. market.
Read MoreWhile this decision hurts Cisco’s enforcement efforts, it also suggests that companies that own patents that have been assigned to them by former employees must be careful going forward. Because the inventors of those patents could file IPR petitions to invalidate their own patents. Sophisticated companies should research whether they can contract with departing employees for non-aggression clauses that would preclude filing IPRs against patents owned by the company. As the Federal Circuit has reminded us, with IPRs almost no patent owner is safe…
Read MoreMylan’s biosimilar for Herceptin® has FDA approval since December 2017. Several months earlier, in March 2017, Mylan reached a global settlement with Roche and Genentech regarding their patents covering the drug. The terms of the settlement have not been made public, which raises the question – when did Mylan agree to launch?
Read MoreThe day after the midterms, Trump fired AG Sessions and tapped Mr. Sessions’ chief-of-staff, Matthew G. Whitaker, to serve in the role as acting Attorney General. Shortly thereafter, the press started to report that Mr. Whitaker was previously an advisory board member for a company known as, World Patent Marketing, before it closed shop following a consent decree with the FTC. It is worth taking a moment to highlight the need for increased IP literacy.
Read MoreMylan ($MYL) recently prevailed on a motion to dismiss for improper venue in a pending Hatch-Waxman case for the drug Eliquis®. Mylan successfully argued that Delaware was an improper venue under the recently test for venue in patent cases enunciated by the Supreme Court in TC Heartland. What are the implications of TC Heartland governing venue in all Hatch-Waxman cases? Will it lead to “generic friendly” judicial districts?
Read MoreUnified Patents recently released statistics on patent lawsuit filings. The statistics show patent filings to be trending downwards fairly significantly from a peak in 2015. Yet, the statistics also show that the individual inventor, asserting his or her own patent, is behind many patent suits. Does that matter?
Read More