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Summary Judgment of No Invalidity Cannot Be Based Solely on Patent Surviving Reexamination

USA - January 12 2018 Defendant-Appellant Briggs appealed several of the Nebraska district court’s orders: (1) summary judgment of no anticipation or obviousness; (2)…

Andrew D. Kasnevich, Ian A. Moore.

Employee Contract Language “Will Assign” Patent Rights Does Not Itself Effect an Assignment of Patent Rights

USA - January 11 2018 Plaintiff-Appellant Advanced Video appealed the Southern District of New York’s dismissal for lack of standing based on a finding that a co-owner of…

Andrew D. Kasnevich, Ian A. Moore.

Declaration Submitted during IPR from Inventor of Prior Art Confirmed its Inherent Disclosure to Invalidate Monsanto’s Patent Claims

USA - January 5 2018 Monsanto appealed a Final Written Decision by the PTAB finding claims of U.S. Patent No. 7,790,953 (the “’953 patent) invalid in view of prior art in…

Christopher Gresalfi.

Label Encouraging Administration of Drug to Patients with Certain Risk Factors Was Induced Infringement

USA - November 9 2017 Defendants Watson and Sandoz appealed the district court’s ruling of induced infringement, finding that the asserted claims were not invalid for…

Katrin Feldhaus, Dragan Plavsic.

Chemical Compound Invention, Even if the Inherent Result of a Well-Known Process, is not Obvious if there is no Teaching or Suggestion to Make the Compound in the Prior Art

USA - July 17 2017 An invention, albeit the inherent result of a well-known process, is not itself obvious if the prior art references contain no teaching or suggestion…