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Judge Stark grants British Telecommunication's motion to amend complaint to add new alleged infringement claims against Google
  • Fox Rothschild LLP
  • USA
  • September 29 2012

By Memorandum Order entered by The Honorable Leonard P


New social media website seeks to improve the patent examination process through crowdsourced Q&A, prior art submissions
  • Fox Rothschild LLP
  • USA
  • September 26 2012

A new social networking site developed with USPTO input provides a forum for subject matter experts to post questions and answers about the U.S. patent system, along with prior art that may be relevant to pending patent applications


Judge Griesa overturns jury verdict for second time
  • Fox Rothschild LLP
  • USA
  • September 20 2012

After a second jury trial for patent infringement, Judge Griesa of the Southern District of New York granted defendant's motion for judgment as a matter of law as to non-infringement of the two patents in suit, in Hypoxico, Inc. v. Colorado Altitude Training LLC, No. 02-CV-6191, slip op. (S.D.N.Y. Aug. 28, 2012


Real world effects of the absence of presumed irreparable harm
  • Fox Rothschild LLP
  • USA
  • December 5 2011

If you want to see the effect of recent cases abolishing the presumption of irreparable harm following automatically from a likelihood of success, consider the recent decision in the Apple v. Samsung case


Judge Stark agrees with defendants that material contained in two patents amount to single reference for purposes of anticipation defense
  • Fox Rothschild LLP
  • USA
  • January 21 2012

By Memorandum Opinion entered by the Honorable Leonard P. Stark in Sunovion Pharmaceuticals Inc. v. Dey Pharma, L.P., et al., Civil Action 06-113-LPS (D.Del., January 18, 2012), the Court agreed with defendants that British patent, GB 1 298 494 (“the GB ‘494 patent”) adequately incorporates by reference the practical utility of the racemic compounds separately described in British patent, GB 1 200 886 (“the GB ‘886 patent”), such that the pertinent material from the two patents can be properly considered a “single reference” for purposes of defendants’ invalidity defense based on anticipation


Judge Robinson grants defendant's motion to stay in declaratory judgment action pending application of first-filed rule by other federal district where infringement action was first-filed
  • Fox Rothschild LLP
  • USA
  • August 11 2012

By Memorandum Opinion entered by the Honorable Sue L. Robinson in Cellectis S.A. v. Precision Biosciences, Inc., Civil Action Nos. 11-890-SLR and 12-204-SLR (D.Del., August 6, 2012), the Court granted the motion of defendant Precision Biosciences, Inc. to stay the declaratory judgment actions filed by plaintiff Cellectis S.A. in the District of Delaware pending a determination by the United States District Court for the Eastern District of North Carolina regarding the applicability of the first-filed rule in the infringement actions filed by Precision against Cellectis in that district


Judge Andrews denies Apple and Microsoft's motion to transfer patent infringement case to Northern District of California
  • Fox Rothschild LLP
  • USA
  • March 3 2012

By Memorandum Opinion entered by the Honorable Richard G. Andrews in the consolidated cases of Robocast, Inc. v. Apple, Inc., Civil Action No. 11-235-RGA (D.Del., February 24, 2012) and Robocast, Inc. v. Microsoft Corporation, Civil Action No. 10-1055-RGA (D.Del., February 24, 2012), the Court denied the motions to transfer of defendants Apple and Microsoft seeking to transfer the patent infringement actions asserted against them by plaintiff Robocast to the Northern District of California


Judge Thynge grants in part and denies in significant part the bill of costs of Amazon after adjudication in its favor
  • Fox Rothschild LLP
  • USA
  • April 14 2012

By Memorandum Opinion entered by The Honorable May Pat Thynge in Cordance Corporation v. Amazon.com, Inc., Civil Action No. 06-491-MPT (D.Del., April 11, 2012), the Court granted in part and denied in part the bill of costs of defendant Amazon.com, Inc. (“Amazon”) after adjudication in its favor on the patent infringement claims filed against it by plaintiff Cordance Corporation (“Cordance”


Federal Circuit breathes fire into biotechnology patents and holds claims to isolated DNA molecules patentable
  • Fox Rothschild LLP
  • USA
  • August 16 2012

In welcomed news for biotechnology and pharmaceutical companies, the U.S. Court of Appeals for the Federal Circuit held claims to isolated DNA molecules and methods of screening potential anti-cancer therapeutics are patentable subject matter in view of the U.S. Supreme Court decision in Prometheus


Judge Andrews grants motions to stay in three Round Rock research cases
  • Fox Rothschild LLP
  • USA
  • April 6 2012

By Memorandum Order entered by The Honorable Richard G. Andrews in Round Rock Research LLC v. Dole Food Company Inc., Civil Action No. 11-1239-RGA (D.Del., April 6, 2012), Round Rock Research LLC v. Gap Inc., Civil Action No. 11-1241-RGA (D.Del., April 6, 2012), and Round Rock Research LLC v. Hanesbrands Inc., Civil Action No. 11-1242-RGA (D.Del., April 6, 2012), the Court granted defendants’ motions to stay pending reexamination of the patents-in-suit