Category Archives: Litigation Issues

“An Unusual Case” – Promega Corp. v. Life Technologies Corp.

I am going to try to summarize the Fed. Cir.’s holding and reasoning in Promega Corp. v. Life Tech Corp., Appeal No. 2013-1011 et al. (Fed. Cir., November 13, 2017), without burying you in the procedural details, but it won’t … Continue reading

Posted in Infringement, Litigation Issues | Tagged , , | Leave a comment

Ali v. Carnegie Institution of Washington – Where Did Ali Go Off the Rails?

In view of the IP hornets’ nest stirred up by Judge Bryson’s ruling in Allergan and the St. Regis Mohawk Tribe v. Teva Pharm. Inc., Case No. 2:15-cv-1455-WCB (E.D. Tex. , Oct. 16, 2017), which may or may not have … Continue reading

Posted in Federal Court, Hatch-Waxman, Litigation Issues, Post-Grant Issues, USPTO Practice and Policy | 4 Comments

Inequitable Conduct Intent Prong Due to Litigation Misconduct

In Regeneron Pharmaceuticals v. Merus N.V., Appeal No. 2016-1346 (Fed. Cir., July 27, 2017), a split three-judge panel of Prost, Wallach and Newman (Newman dissenting) affirmed the district court’s ruling that claim 1 of Regeneron’s U.S. Pat. No. 8,502,018 is … Continue reading

Posted in Federal Court, Litigation Issues, Prior Art | Leave a comment

Exhausted by Exhaustion: Impression Products v. Lexmark

Please revisit Don Chisum’s and Janice Mueller’s comments on Impression Products v. Lexmark, No. 151189 (S. Ct. May 30, 2017), in which the Court held that a seller of a patented printer cartridge had exhausted its patent rights, so that … Continue reading

Posted in Govt Policy/PTO Policy, Litigation Issues | Leave a comment