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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:
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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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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Unanimous Supreme Court Decision Limits Venue in Patent Infringement Suits
By Peter R. Montecuollo and David G. Barker In yet another unanimous intellectual property decision (see here), the United States Supreme Court today held in TC Heartland LLC v. Kraft Foods Group Brands LLC that “reside,” as used in the patent venue statute, 28 U.S.C. § 1400(b), “refers only to the State of incorporation,” and not to each state where a domestic, corporate defendant is subject to personal jurisdiction. This limitation alters the venue landscape for patent infringement suits that has been in place since the Federal Circuit’s 1990 decision in VE Holding Corp. v. Johnson Gas Appliance Co. Kraft Read More »
Posted in IP and Technology Litigation, Patent Litigation
| Tagged patent, Supreme Court, Venue
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Supreme Court to Decide Patent Infringement Suit Venue Issue with Potentially Immense Implications
The U.S. Supreme Court this week granted TC Heartland, LLC’s (“Heartland’s”) petition for a writ of certiorari regarding the patent infringement venue statute, 28 U.S.C. § 1400(b). Heartland appealed the Federal Circuit’s refusal to dismiss the case or transfer a patent infringement lawsuit filed against Heartland from Delaware to Indiana, where Heartland is incorporated. The Supreme Court agreed to address “Whether 28 U.S.C. § 1400(b) is the sole and exclusive provision governing venue in patent infringement actions and is not to be supplemented by 28 U.S.C. § 1391(c).” If the Supreme Court answers the question in the affirmative, venue options likely will Read More »
Posted in IP and Technology Litigation, Patent Litigation
| Tagged Federal Circuit, patent, Supreme Court, Venue
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