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En Banc Court Ties On-Sale Bar to Commercial Sale in Accordance with Uniform Commercial Code

USA - August 29 2016 In a unanimous en banc decision, the US Court of Appeals for the Federal Circuit established the circumstances under which a product manufactured...

Rebecca Harker Duttry, Brian A. Jones, Jodi Benassi, Timothy V. Fisher, Bernard P. Codd, Han (Jason) Yu, Paul Devinsky, Sarah Bro, Lauren Martin, Alexander P. Ott, Mary Hallerman.

Concerted Actions with Sister Company in Finland Result in Delaware Jurisdiction

USA - August 5 2016 Addressing personal jurisdiction over a foreign defendant, the US Court of Appeals for the Federal Circuit found that concerted actions occurring in a...

A Directly Impacted Party Can Assign Its Right to Sue

USA - July 19 2016 Addressing standing for purposes of antitrust litigation related to reverse payment allegations and assignment of rights, the US District Court for...

Pre-Issuance Damages Possible Only If You “Know” About the Published Application

USA - March 30 2016 Addressing for the first time the notice requirement for pre-issuance damages under 35 USC 154(d), the US Court of Appeals for the Federal Circuit...

A Brand Must Allege Facts to Survive a Motion to Dismiss Induced Infringement Claims

USA - March 3 2016 Addressing the pleading standard for induced infringement, the U.S. District Court for the District of New Jersey dismissed Otsuka Pharmaceutical’s...