Intellectual Property News and Reports

The issue presented in this appeal is whether a State is entitled to assert its sovereign immunity under the Eleventh Amendment where the State intervened in an earlier, related action that was dismissed for improper venue. The district court concluded... Read more →

Defendants Toyota Motor Corporation, Toyota Motor North America, Inc., and Toyota Motor Sales, U.S.A., Inc. (collectively, “Toyota”) appeal a judgment by the United States District Court for the Eastern District of Texas that Toyota infringed claims 11 and 39 of... Read more →

This is a legal malpractice case based on alleged errors in patent prosecution. Immunocept, L.L.C., Patrice Anne Lee, and James Reese Matson (collectively “Immunocept”) appeal the decision of the United States District Court for the Western District of Texas granting... Read more →

The United States District Court for the Southern District of California certified this case for an interlocutory appeal. International Gamco, Inc. (“Gamco”) possesses an “exclusive enterprise license” (an amalgam of an exclusive territorial license and an exclusive field of use... Read more →

This is a legal malpractice case between non-diverse parties based on alleged errors by counsel in patent prosecution and patent litigation. The case was filed in state court and then removed to federal court. Akin Gump Strauss Hauer & Feld,... Read more →

The United States Patent and Trademark Office's Board of Patent Appeals and Interferences ("Board") upheld the examiner's rejection of U.S. Patent No. 5,162,666 ("the '666 patent") in a reexamination proceeding, Appeal No. 2005-1050. Because the '666 patent would have been... Read more →

Schwarz Pharma, Inc. and Schwarz Pharma AG (collectively, “Schwarz”) appeal from the order of the United States District Court for the District of Minnesota entering summary judgment of noninfringement of U.S. Patent 4,743,450 (“the ’450 patent”) in favor of Paddock... Read more →

On summary judgment, the United States District Court for the Southern District of Texas held AllVoice Computing PLC's ("AllVoice's") U.S. Patent No. 5,799,273 ("the '273 patent") invalid because claims 60, 61, and 67 were indefinite under 35 U.S.C. § 112... Read more →

This appeal involves the parties’ ongoing dispute over the efforts of TorPharm, Inc., Apotex, Inc., and Apotex Corporation (collectively, “Apotex”) to market a generic version of Depakote®, an anti-seizure medication containing divalproex sodium patented, produced, and sold by Abbott Laboratories... Read more →

Ole K. Nilssen and the Geo Foundation, Ltd. (collectively, “appellants”) appeal from the judgment of the United States District Court for the Northern District of Illinois in favor of Osram Sylvania, Inc. and Osram Sylvania Products, Inc. (collectively, “Osram”) holding... Read more →