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The Sometimes Limiting Effect of "Wherein" Clauses

USA - August 29 2019 Allergan Sales, LLC and Allergan, Inc. (collectively, “Allergan”) sued Sandoz, Inc. and Alcon Laboratories, Inc. (collectively, “Sandoz”) alleging…

Paul Stewart, Nicole R. Townes

Prior Art Disclosing Partially Overlapping Temperature Range Is Enough to Establish Prima Facie Case of Anticipation and Obviousness

USA - January 10 2020 Summary: Prior art disclosing a temperature range that partially overlaps with the claimed temperature range, establishes a prima facie case of…

Mark Kachner, Paul Stewart

Arista Networks, Inc. v. Cisco Systems, Inc.

USA - November 12 2018 Dr. David Cheriton is the named inventor of U.S. Patent No. 7,340,597 (“the ’597 patent”), which is owned by Cisco Systems, Inc. At the time of…

Andrea Cheek

Van Cleef & Arpels v. Nice Ice Fine Jewelers

USA - March 13 2019 On January 30, 2019, the luxury jewelry suppliers Van Cleef & Arpels filed suit in the United States District Court for the Southern District of New…

Curtiss Dosier

Patent Owners Cannot Sue the Government for Patent Infringement as a Fifth Amendment Taking

USA - April 14 2020 Summary: (1) Patent infringement claims against the government must be brought under 28 U.S. § 1498, not as a Fifth Amendment taking claim. (2) An…

Adam Powell, Paul Stewart