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Results: 1-10 of 137

Federal Circuit addresses personal jurisdiction in patent infringement litigation

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 30 2012

Finding that the U.S. Supreme Court “has yet to reach a consensus on the proper articulation of the stream-of-commerce theory” of personal jurisdiction to assess whether a court has jurisdiction over a non-resident defendant in a patent infringement suit, the Federal Circuit Court of Appeals has applied its own theory, which assesses the pleadings and evidence under “any articulation of the stream-of-commerce theory,” and has determined that a district court in Wyoming properly dismissed two patent infringement lawsuits for lack of jurisdiction

French company prevails in dispute with FDA over drug-classification ruling

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 3 2012

A federal court in the District of Columbia has determined that the Food and Drug Administration (FDA) erred when it classified a combination drug-device product as primarily a drug, thus subjecting its French manufacturer to more burdensome regulatory requirements

Federal court addresses spoliation issues on remand in Hynix v. Rambus

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 3 2012

On remand from the Federal Circuit Court of Appeals, a federal district court in California has reversed its determination that Rambus, Inc. did not spoliate evidence by shredding hundreds of boxes in the months preceding its implementation of a strategy to aggressively protect its technology patents

Federal Circuit dubbed a “rogue appeals court,” seen as biased in favor of patent holders

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 3 2012

Writing for Ars Technica in an article titled “How a rogue appeals court wrecked the patent system,” associate writer Timothy Lee explores the history of the Federal Circuit Court of Appeals, noting that it was created in 1982 due to “concerns about the lack of uniformity in patent law that had become widespread.” With sole appellate jurisdiction over patent disputes, the court accomplished congressional goals by making patent law more uniform, but it had other side effects, according to Lee

Malpractice claim based on patent application belongs in federal court

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 3 2012

A Federal Circuit Court of Appeals panel has determined that (i) it had jurisdiction over an appeal from a district court order dismissing claims of fraud filed against lawyers who allegedly mishandled the plaintiff’s patent application and (ii) because the statute of limitations was tolled while related malpractice litigation was pending before a California state court, the lawsuit was timely filed in federal court

USPTO seeks to intervene in publisher’s copyright infringement suit against law firm

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 21 2012

The U.S. Patent and Trademark Office (USPTO) has filed a motion to intervene, and an answer and counterclaim, in litigation brought by scientific-journal publishers against a law firm for alleged copyright infringement involving articles on prior art copied and submitted with its clients’ patent applications

Fractured Myriad Genetics ruling follows SCOTUS remand

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 30 2012

Ruling that one plaintiff had standing to seek a declaratory judgment as to the patent eligibility of certain genetic discoveries, the Federal Circuit Court of Appeals has once again reversed in part and affirmed in part a lower court’s determination that isolated DNA molecules and methods of comparing molecules to determine whether a patient’s genes have mutations that could cause breast and ovarian cancer were not patent eligible

Biopharma co. seeks $90 million for tainted raw material from China

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 3 2012

A biopharmaceutical company has sued companies in its supply chain, alleging they were negligent or vicariously liable for obtaining from China a raw material, contaminated with beef broth and avian products, for use in the creation of a bacterial master cell bank for the production of a biologic drug that will be used in patients with acute spinal cord injury

Federal Circuit’s patent infringement ruling conflicts with USPTO re-examination on validity

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 1 2012

The Federal Circuit Court of Appeals has denied a request for an en banc rehearing by a medical-device patent holder which argued that the U.S. Patent and Trademark Office’s (USPTO’s) Board of Patent Appeals had effectively nullified a previous Federal Circuit decision on the validity of its patent

Dialysis equipment maker sues component part supplier for indemnification

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 17 2011

A company that makes dialysis equipment for use in clinics and by patients in their homes has filed a complaint in federal court against a company that supplied a component part which allegedly contained a defect that led to a recall and caused injuries and at least one death