Fuel Automation Station v. Energera

Defendant Energera, Inc. agreed not to sue Plaintiff Fuel Automation Station, LLC for infringement of certain patents.1 Defendant subsequently sued Plaintiff’s affiliated entity and Plaintiff’s subcontractor for patent infringement based on their use of Plaintiff’s equipment. The district court found... Read more →

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CPC PATENT TECHNOLOGIES PTY LTD. V. APPLE INC.

The panel dismissed, for lack of appellate jurisdiction, an appeal from the district court’s order granting the application of CPC Patent Technologies Pty Ltd. for discovery under 28 U.S.C. § 1782 against Apple Inc. for use in a not-yet-filed patent... Read more →

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Ares Trading SA v. Dyax Corp

Dyax Corporation performed research for Ares Trading S.A. It also licensed patents to Ares, including some held by Cambridge Antibody Technology (the “CAT Patents”). Ares used the fruits of Dyax’s research to commercialize a cancer drug. In exchange, Ares agreed... Read more →

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C.R. BARD, INC. V. ATRIUM MEDICAL CORPORATION

The panel reversed the district court’s judgment following a bench trial in favor of Atrium Medical Corporation on C.R. Bard, Inc.’s claim that Atrium breached its contract with Bard by failing to make certain minimum royalty payments due under a... Read more →

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Zimmer Biomet Holdings, Inc. v. Insall

Dr. John Insall, an orthopedic surgeon who specialized in knee reconstruction and replacement, developed and obtained a number of valuable foreign and domestic patents involving knee replacement devices and accoutrements that he licensed to Zimmer Biomet Holdings, Inc. In exchange,... Read more →

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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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