A district court in Missouri is the latest U.S. court to reject a party’s effort to resist discovery on the basis that a foreign law allegedly prohibits the requested disclosure. In Nidec Motor Corp. v. Broad Ocean Motor, LLC, Case No. 4:13-cv-1895, 2024 WL 4332057...
On August 30, 2024, the United States International Trade Commission (“ITC”) issued a Notice of Final Initiation Determination, finding that defendants Voltage, LLC and Ningbo Voltage Smart Production Co. violated certain claims in U.S. Patent No. 11,689,153, assigned...
On September 24, 2024, the United States District Court for the Northern District of California threw out a trade secret suit brought by startup company Soelect Incorporated (“Soelect”) against Hyundai Motor Company (“Hyundai”). The court granted Hyundai’s motion to...
The United States Court of Appeals for the Federal Circuit (“Federal Circuit”) recently reviewed a new issue not previously before it regarding whether a party was estopped from presenting invalidity arguments in district court after the Patent Trial and Appeal Board...
In its precedential decision in August, the Federal Circuit reversed the district court’s ruling which found certain claims of patents covering Allergan’s Viberzi drug invalid for obviousness-type double patenting (“ODP”). Allergan USA, Inc. v. MSN Laboratories...
In In re Cellect, LLC, the Federal Circuit held that obviousness-type double patenting ("ODP") for a patent that has received a patent term adjustment (PTA), whether or not a terminal disclaimer is required or has been filed, must be based on the expiration date of...
Defendant filed a motion to stay discovery while its motion to dismiss is pending. Defendant argued in its motion that it will suffer undue burden or expense if discovery is allowed to continue in this case because its pending motion to dismiss may dispose of...
On May 20, 2024, the Federal Circuit Court of Appeals affirmed the district court’s exercise of discretion to deny recovery of attorneys’ fees from a parallel IPR proceeding and from counsel under 35 U.S.C. § 285, despite finding that the case was extraordinary and...
Brumfield, Trustee for Ascent Trust v. IBG LLC, No. 2022-1630, --- F.4th ---- (Fed. Cir. Mar. 27, 2024) Trade Technologies International, Inc. (“TT”) (whose successor in interest is Harris Brumfield) sued IBG LLC for infringement of four U.S. patents in the U.S....
On February 8, 2024, the Federal Circuit Court of Appeals held that confidentiality provisions do not protect a document from being prior art if that document is intended for engagement with target audience. Weber, Inc. v. Provisur Techs., Inc., 92 F.4th 1059, 1065...