New England IP Blog

Covering intellectual property developments in New England, and other developments that impact New England companies.

Category Archives: Obviousness

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Heartburn for Defense After Jury Verdict in Pepcid® Dispute

The recent jury verdict in a dispute over a generic version of the heartburn medication Pepcid® Complete® would be enough for anyone to reach for a few tablets of the accused product. After an eight day trial presided over by Judge Zobel, a Massachusetts jury last week returned a verdict for Plaintiffs Brigham and Women’s … Continue Reading

Accused Infringer Puts the Screws on Patentee

We wrote recently about a summary judgment decision in which Judge Indira Talwani found certain asserted claims of two patents on a type of breakable screw to be obvious in light of the prior art. This ruling came even though the patentee had produced some evidence of copying, and even though the accused infringer had not shown a motivation … Continue Reading

Final Judgment Prescribed For Antibody Patent After Double Patenting Decision

We previously wrote about Judge Wolf’s decision to invalidate Janssen Biotech, Inc.’s (“Janssen”) biopharmaceutical patent (U.S. Patent No. 6,284,471 (the “’471 Patent”)), based on the doctrine of obviousness-type double patenting. Celltrion Healthcare Co. Inc. (“Celltrion”) subsequently moved the court for an entry of final judgment dismissing Janssen’s infringement claims premised on the ’471 Patent.  While … Continue Reading

Accused Infringer Secures Patent Invalidity in Eyeglass Screw Case

Declaratory judgment actions can be a useful way for entities threatened with patent infringement to go on the offensive.  In one such matter in the District of Massachusetts, a declaratory judgment plaintiff turned the tables on a patentee by invalidating two patents relating to eyeglass screw technology at the summary judgment stage.… Continue Reading

Double Patenting Decision Delivers Bitter Pill To Antibody Patent

In a recent decision on obviousness-type double patenting, Judge Wolf shortened the shelf life of a dispute between Janssen Biotech, Inc. (“Janssen”) and Celltrion Healthcare Co. Inc. (“Celltrion”), relating to a biopharmaceutical patent covering a particular antibody. In March, 2015, Janssen accused Celltrion of infringing (among other patents) U.S. Patent No. 6,284,471 (the “’471 Patent”), … Continue Reading

Plaintiff Secures Sweeping Jury Verdict in Hotly-Contested Patent Fight

In a long-running patent fight involving two medical device manufacturers, a Massachusetts jury determined last week that the defendant Kaz had infringed two of plaintiff Exergen’s patents relating to temporal thermometers, and that the patents are not invalid. The jury also awarded Exergen nearly $15 million in damages.… Continue Reading

Plaintiff Avoids Headache of Having Its Thermometer Patent Invalidated at Summary Judgment

In a recent District of Massachusetts case, a defendant attempted to use the crucible of summary judgment to invalidate the plaintiff’s body temperature detection patents. But, as shown in the Court’s ruling, sometimes that strategy does not produce the desired results.… Continue Reading

Mobile Medical’s Validity Experts Get To Stay Behind The Wheel

As the established gatekeepers with respect to expert testimony, district courts have broad discretion on whether to admit or exclude such evidence. The Vermont district court recently opted to deny patentee defendant Advanced Mobile’s (“AMHS”) motions to disqualify both of declaratory judgment plaintiff Mobile Medical’s (“MMIC”) expert witnesses, who had provided opinions relating to the invalidity … Continue Reading

EveryScape’s Patents Hit Their Vanishing Point

Last week, a federal jury in Massachusetts delivered a verdict in favor of patent-defendant Adobe Systems, invalidating all asserted claims of EveryScape’s two asserted patents.  Earlier in the litigation, the court found at summary judgment that a tool in the Vanishing Point filter of Adobe’s popular Photoshop software directly infringed EveryScape’s patents.  So at trial, Adobe … Continue Reading

Veracode Wins Patent Infringement Trial Against Appthority

Following a nine day trial, last Friday a Boston jury delivered a patent infringement verdict in favor of Veracode, Inc. and Rovi Solutions Corporation.  In the case before Judge Woodlock in the U.S. District Court for the District of Massachusetts, Veracode and Rovi accused Appthority, Inc. of infringing two patents.  The two asserted patents, U.S. … Continue Reading
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