Ferring B.V. v. Allergan was decided on November 10, 2020 on appeal from the Southern District of New York. In September 2002, Ferring filed a PCT Application for its drug formulation, naming 6 inventors, including Fein, a consultant for Ferring. Fein “conceived the sublingual route of administration.” Two months later, …
Hologic v. Minerva Surgical was decided on April 22, 2020 on appeal from the District of Delaware. A named inventor of the eventual asserted patents (the ‘183 and the ‘348) assigned his rights to the relevant patent applications to a company that would later be acquired by plaintiff Hologic. Years …
Section 286 of the Patent Act “sets forth a limitation on damages.” Adams & Associates v. Dell. Under 35 U.S.C. § 286, “[e]xcept as otherwise provided by law, no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint or counterclaim for …
Section 283 of the Patent Act provides that courts “may grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent, on such terms as the court deems reasonable.” There are several types of relief for ongoing infringement that a court can …
John Bean v. Morris & Associates was decided on April 19, 2018 on appeal from the Eastern District of Arkansas. In 2002, after plaintiff John Bean had contacted defendant Morris’ customers alleging infringement, Morris sent John Bean a letter notifying John Bean that its patent was invalid based on multiple prior …
2017 was a busy year for patent remedies. Except for the Supreme Court decision on laches, most of the action happened in the Federal Circuit. The graph below shows how many times each decision has been cited by another court. It’s updated as to January 26, 2018. 1. Laches …
SCA Hygiene v. First Quality was decided by the Supreme Court on March 21, 2017 on appeal from the Western District of Kentucky. There, the district court granted defendant First Quality’s summary judgment motion of laches and equitable estoppel. A Federal Circuit panel affirmed as to laches, but reversed as to …
SCA Hygiene v. First Quality was decided en banc on September 18, 2015 on appeal from the Western District of Kentucky. Late October in 2003, plaintiff SCA alleged through a letter that defendant First Quality’s absorbent diapers infringed its patent. First Quality replied about a month later that the patent was invalid. In July …