Patent Law Weblog
recent posts
- Quo Vadis mRNA Vaccine Technology? The State of the IP Lawsuits
- Moderna Settles Patent Litigation with Arbutus et al.
- USPTO and DOJ Statement of Interest in Collision Communications: Another Thumb on the Scale in Favor of NPE Patent Plaintiffs
- Oasis Tooling, Inc. v. Siemens Industry Software Inc. (Fed. Cir. 2026)
- Why AI Will Not Take Over the World
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Category: Patent Litigation
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By Donald Zuhn — Monsanto and Syngenta announced last week that the two companies had reached a settlement with respect to all patent, antitrust, and commercial litigation between the companies and their subsidiaries, including Monsanto’s patent infringement suit on herbicide-tolerant corn technologies, Syngenta’s antitrust suit, and a dispute between the parties on herbicide-tolerant…
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By Donald Zuhn — PricewaterhouseCoopers recently announced the release of its annual report on patent damages. The report, entitled "A closer look: 2008 Patent Litigation Study: Damages, awards, success rates and time-to-trial," begins by asserting that the current threat of an economic recession has led to an increase in patent litigation, and that…
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By Kevin E. Noonan — One of the hopes of the members of the patent community who have been paying attention is that the passing of the current administration may result in better times for the U.S. patent system. Political appointees like Secretary of Commerce Guttierrez, USPTO Director Jon Dudas, and Undersecretary of…
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Earlier this month, we reported that the U.S. Patent and Trademark Office had filed a Notice of Appeal with the Court of Appeals for the Federal Circuit, challenging the decision of Judge William Cacheris of the U.S. District Court for the Eastern District of Virginia to permanently enjoin the Patent Office’s continuation and claims rules…
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By Donald Zuhn — Earlier this week, we reported on two recently filed patent cases: the first by StemCells, Inc. against Neuralstem, Inc., asserting infringement of U.S. Patent Nos. 7,115,418 and 7,361,505, and the second being filed by Neuralstem, seeking a declaratory judgment of noninfringement, unenforceability, and invalidity of the ‘505 patent. The…
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By Kevin E. Noonan — The U.S. Patent and Trademark Office filed a Notice of Appeal today with the Court of Appeals for the Federal Circuit, challenging the decision of Judge William Cacheris of the Eastern District of Virginia permanently enjoining the continuation and claims rules as being outside the scope of their…
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By Kevin E. Noonan — In rendering its decision in eBay Inc. v. MercExchange, L.L.C. that the Federal Circuit’s rubric that a patentee victory in a patent infringement lawsuit rendered the grant of a permanent injunction against the defendant almost "automatic," it is likely that the Supreme Court intended merely to adhere more…
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By Robert Dailey — Innogenetics and Abbott have agreed to settle their dispute over Innogenetics’ patented methods for genotyping HCV. Abbott will shell out $9.5 million, including on-going royalty payments for each test sold by Abbott. We have previously discussed developments in the litigation between Innogenetics and Abbott over U.S. Patent 5,846,704 (see…
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By Kevin E. Noonan — Before Hoffmann-LaRoche filed its Notice of Appeal in the Court of Appeals for the Federal Circuit last week, appealing the preliminary injunction Judge William Young entered that prevents Roche from selling its Mircera® drug product (a form of recombinant EPO that has been covalently linked to polyethylene glycol),…
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By Kevin E. Noonan — Perhaps surprisingly, the Biotechnology Industry Organization (BIO) filed an amicus brief last week in In re Bilski, a case under en banc consideration by the Federal Circuit over a Patent Office determination that the claimed subject matter (a method of managing the risk of bad weather through commodities…
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