BioCorRx, Inc. v. VDM Biochemicals, Inc.

The Legislature enacted Code of Civil Procedure section 425.16, commonly known as the anti-SLAPP statute, to prevent powerful plaintiffs from chilling a defendant’s valid exercise of free speech rights.1 But the Legislature later observed that commercial defendants were abusing “the... Read more →

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CHEWY, INC. v. IBM

International Business Machines Corp. (IBM) appeals the United States District Court for the Southern District of New York’s grant of summary judgment of noninfringement of claims 1, 2, 12, 14, and 18 of U.S. Patent No. 7,072,849. IBM also appeals... Read more →

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SILBERSHER V. VALEANT PHARMACEUTICALS INT'L

An Amended Opinion is being filed simultaneously with this Order. Judges Schroeder, Sanchez, and Antoon have voted to deny the petition for panel rehearing. Fed. R. App. P. 40. Judge Sanchez voted to deny the petition for rehearing en banc,... Read more →

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Metabyte v. Technicolor S.A.

In a case which seems destined for the pages of a civil procedure casebook, Metabyte, Inc., appeals from the trial court’s judgment of dismissal and order sustaining Technicolor’s demurrer without leave to amend. This 2021 action represents Metabyte’s fourth attempt... Read more →

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Amgen Inc. v. Sanofi

Held: The courts below correctly concluded that Amgen failed “to enable any person skilled in the art . . . to make and use the [invention]” as defined by the relevant claims. Pp. 7–19. (a) The patent “bargain” describes the... Read more →

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Fraunhofer-Gesellschaft Zur Forderung Der Angewand v. Sirius XM Radio Inc.

In February 2017, Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung E.V. (“Fraunhofer”) initiated a patent infringements lawsuit against Sirius XM Radio Inc. (“Sirius XM”) in the United States District Court for the District of Delaware. After filing suit, Fraunhofer subpoenaed Sirius... Read more →

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Mosaic Brands, Inc. v. Ridge Wallet LLC

This is an intellectual property case about wallets. Mosaic Brands, Inc. d/b/a Storus (“Mosaic”) and Ridge Wallet LLC (“Ridge”) make similar money-clip wallets. Each company accuses the other of patent infringement. Mosaic asserts that Ridge infringes its U.S. Patent No.... Read more →

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Seife v. FDA, et al.

Appeal from a judgment of the United States District Court for the Southern District of New York (Furman, J.), entered October 6, 2020, in favor of two government agencies and a pharmaceutical company in this Freedom of Information Act ("FOIA")... Read more →

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Eli Lilly and Company v. Novartis Pharma AG

Eli Lilly and Company and its foreign subsidiaries (collectively, “Eli Lilly”) applied to the district court under 28 U.S.C § 1782 for an order requiring Novartis Pharma AG to provide discovery for use in ongoing patent litigation between the two... Read more →

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CPC PATENT TECHS. PTY LTD. V. APPLE, INC.

The panel vacated a district judge’s order declining to overturn a magistrate judge’s denial of CPC Patent Technologies PTY Ltd.’s application pursuant to 28 U.S.C. § 1782 to compel Apple, Inc. to turn over documents, which CPC seeks to use... Read more →

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