Since the U.S. Supreme Court last year in Oil States rejected a constitutional challenge to the Patent Trial & Appeal Board’s authority to invalidate patents in post-grant reviews, patent owners in the United States have started exploring other constitutional challenges to these PTAB proceedings.  Some patent owners have said that the PTAB violated their due…

44 U.S. states filed a lawsuit last Friday accusing Teva Pharmaceuticals USA of conspiring illegally with 19 other drug companies to inflate drug prices – sometimes by more than 1,000 percent – and stifle competition for generic drugs. As is set out in the complaint, ‘the Plaintiff States allege that Defendant Teva consistently and systematically,…

Ice cream shop franchisor showed that franchisee misappropriated a trade secret and that it would suffer irreparable harm absent a preliminary injunction. An ice cream parlor franchisor showed that information it gave to a franchisee was not known outside the business and was restricted by confidentiality agreements and was therefore likely a trade secret, the…

In a patent infringement suit brought by Omega Patents against CalAmp Corp. alleging infringement of Omega’s U.S. Patent Nos. 6,346,876 (’876 patent), 6,756,885 (’885 patent), 7,671,727 (’727 patent), and 8,032,278 (’278 patent), the federal district court in Orlando’s judgment of no invalidity of the asserted claims was affirmed, the U.S. Court of Appeals for the…

A new trial was granted so a manufacturer accused of infringing the patent can challenge its validity by presenting additional obviousness theories that the district court should not have disallowed. Case date: 29 March 2019 Case number: No. 17-2507 Court: United States Court of Appeals, Federal Circuit A full summary of this case has been published…

Claims for methods of administering beta-alanine to increase muscles’ working capacity were valid treatment claims, not merely directed to natural laws. Claims for the supplement products and means of making them were directed to specific formulations, not natural phenomena. Case date: 15 March 2019 Case number: No. 2018-129 Court: United States Court of Appeals, Federal Circuit…

Patent for automating the collection and manipulation of bedside medical data did not provide any specific improvements to the way conventional computers operate. Therefore, the patent claims were invalid. Case date: 26 February 2019 Case number: No. 18-1284 Court: United States Court of Appeals, Federal Circuit A full summary of this case has been published on Kluwer…

A district court erred in granting summary judgment to the defending provider on the grounds that the asserted claims were invalid for lack of written description and were not infringed by the provider’s system. Case date: 14 February 2019 Case number: No. 17-2510 Court: United States Court of Appeals, Federal Circuit A full summary of this…

The same claims a jury found mobile carrier Sprint liable of infringing were later held invalid under Section 101 by the Federal Circuit in an appeal brought by cell provider T-Mobile. The judgment against Sprint had not been made final. Case date: 01 February 2019 Case number: No. 2018-1108 Court: United States Court of Appeals, Federal Circuit…

For manufacturers of biologics and biosimilars facing potential patent litigation in the U.S., the Biologics Price Competition and Innovation Act (BPCIA) imposes a complex statutory scheme that restricts the timing and control of disputes in federal district court. Biosimilar applicants who find themselves on the receiving end of a potential patent infringement complaint in district…