Adam P. Samansky

Mintz

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Federal Circuit Affirms Dismissal of Hatch-Waxman Defendants for Lack of Venue and Failure to State a Claim

USA - November 12 2021 On November 5, 2021, the U.S. Court of Appeals for the Federal Circuit in Celgene Corp. v. Mylan Pharmaceuticals Inc., Case No. 21-1154, affirmed a…

Peter J. Cuomo, Joseph D. Rutkowski

Federal Circuit Clarifies that Willful Infringement Does Not Require Egregious Conduct

USA - October 26 2021 On September 28, 2021, in a precedential opinion, the United States Court of Appeals for the Federal Circuit, in SRI Int’l, Inc. v. Cisco Systems, Inc…

Peter J. Cuomo, Joseph D. Rutkowski

N.D. Ill. Finds that a Foreign Parent Corp. May be Sued Under BPCIA Without the U.S. Subsidiary that Signed and Filed aBLA

USA - September 21 2021 In what appears to be a case of first impression, on August 23, 2021 U.S. District Judge John Z. Lee of the United States District Court for the…

Joseph D. Rutkowski, Thomas H. Wintner

Federal Circuit Reiterates Requirement under § 287 that Alleged Infringers have Notice of Specific Alleged Infringement

USA - September 9 2021 Earlier this month in Lubby Holdings LLC et al. v. Chung, No. 2019-2286 (Fed. Cir. Sept. 1, 2021), the Federal Circuit overturned a damages award…

Nicholas W. Armington, Peter J. Cuomo

Nonobviousness of Commercially Successful Designs: Mmm, Mmm, Not So Fast

USA - August 31 2021 It is said that Andy Warhol painted the famous Campbell’s Soup Cans after an art gallery proprietor told him to paint “something you see every day and…

Peter J. Cuomo, Serge Subach