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Welcome to the Snell & Wilmer intellectual property and technology litigation blog! Check here for useful news and information about patent, trademark, copyright, trade secret, and other IP and technology litigation developments.
Our IP & Technology Litigation Attorneys:
The Supreme Court to Consider Patent Infringement Damages Accrued Abroad
By Robert A. Clarke and David G. Barker The Supreme Court has granted certiorari to consider whether damages for infringement of a U.S. patent include lost profits resulting from activities outside the U.S. In WesternGeco L.L.C., v. Ion Geophysical Corporation, the Federal Circuit affirmed a jury verdict that Ion infringed WesternGeco’s patent for a device used to search for oil and gas beneath the ocean floor, but the Federal Circuit reversed an award of damages for lost profits. The district court awarded lost profits from the use of the infringing devices abroad because WesternGeco would have been awarded the contracts Read More »
Federal Circuit Clarifies Venue Waiver After TC Heartland
By Peter R. Montecuollo and David G. Barker The Federal Circuit issued guidance yesterday for district courts deciding venue challenges after the Supreme Court’s May 2017 decision in TC Heartland LLC v. Kraft Foods Group Brands LLC. In In re Micron Technology, Inc., the Federal Circuit granted Micron Technology, Inc.’s petition for a writ of mandamus, holding that TC Heartland “changed the controlling law” by making available a venue defense that was not “available” to patent infringement defendants prior to the Supreme Court’s decision. In the wake of TC Heartland, Micron Technology moved to dismiss or transfer President and Fellows Read More »
Posted in IP and Technology Litigation, Patent Litigation, Uncategorized
| Tagged Federal Circuit, patent, Venue
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District Courts Disagree on Venue-Waiver Issues After TC Heartland
By David G. Barker At the end of May this year, the Supreme Court unanimously clarified the law on venue in patent infringement lawsuits (see here). For 27 years, litigants had relied on a Federal Circuit decision, VE Holding Corp. v. Johnson Gas Appliance Co. (1990), that allowed patent owners to file suit virtually anywhere an infringing product was sold. In TC Heartland v. Kraft Foods Group Brands, the Supreme Court limited venue, and district courts are reaching different conclusions about whether litigants have waived venue arguments by not asserting them before TC Heartland. TC Heartland held that a 1957 Read More »
Supreme Court to Consider Constitutionality of AIA Inter Partes Review Proceedings
By Rachael Peters Pugel and Andrew F. Halaby The Supreme Court has granted a writ of certiorari challenging the constitutionality of inter partes review proceedings conducted by the United States Patent and Trademark Office under the America Invents Act. The Court’s ruling in this matter, especially if it holds inter partes reviews to be unconstitutional, could massively destabilize the patent law system by casting into doubt an administrative regime that has diverted thousands of patent disputes from the federal court system, as well as the many hundreds of decisions invalidating patent claims so far yielded by that regime. Post-issuance proceedings Read More »
Posted in Inter Partes Review, IP and Technology Litigation, Patent Litigation, Post Grant Proceedings
| Tagged Federal Circuit, inter partes review, IPR, patent, PTAB, Supreme Court
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Supreme Court Permits Biosimilar Drugs to Be Marketed Sooner
By Jacob C. Jones and David G. Barker On June 12, 2017, in Sandoz Inc. v. Amgen Inc., the United States Supreme Court unanimously held that a drug manufacturer may give a required 180-day notice of its intent to market a biosimilar drug before receiving FDA approval. This means that, in some circumstances, manufacturers can begin marketing biosimilars immediately after FDA approval. The Biologics Price Competition and Innovation Act of 2009 (BPCIA) required Sandoz to give Amgen notice 180 days before selling its biologic Zarxio, an FDA approved biosimilar drug that relied on the prior approval of Amgen’s Neupogen. Sandoz Read More »
Posted in Biosimilars, IP and Technology Litigation, Patent Litigation
| Tagged Amgen, artificial infringement, biologics, biosimilars, BPCIA, FDA, Federal Circuit, Neupogen, patent, Sandoz, Supreme Court, Zarxio
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