New England IP Blog

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

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Even in Light of Reexam, Court Declines to Stay Brite-Strike Patent Litigation

flashlight-4For defendants in patent infringement cases, the strategy of filing for reexamination of the patent-in-suit with the U.S. Patent Office is a common tactic to short-circuit costly litigation—as defendants typically request a stay of the litigation while the reexam proceeds. Such stays, however, are not automatic but instead left up to the court’s discretion. In … Continue Reading

Sunrise’s Infringement Complaint Gets the Green Light

light_bulbIn a recent opinion out of the District of Massachusetts, the court ordered that a patent infringement dispute between two Massachusetts-based competitors in the lighting systems industry would be allowed to proceed. This was despite a challenge to the sufficiency of the pleadings in the patent owner’s complaint. The patent owner, Sunrise Technologies, asserted a patent directed to the monitoring … Continue Reading

Clean Bill of Health for Tuberculosis Testing Patents in Eligibility Challenge

TB-4After the Supreme Court’s recent decisions in Alice, Mayo, and Myriad that narrowed the bounds of patentable subject matter, defendants have routinely asked courts to invalidate patents in certain technology areas—such as software and biotechnology—as patent ineligible. A recent decision out of the District of Massachusetts offers a prescription for success for patentees in surviving such an eligibility challenge. In … Continue Reading

Motion to Amend Infringement Contentions Denied Based on Futility

District Judge Nathaniel Gorton denied a plaintiff’s motion for leave to amend its infringement contentions, finding the amendments, if allowed, would be “futile.” This eventful case involves Amphastar Pharmaceuticals’ alleged infringement of Momenta Pharmaceuticals’ patent covering procedures related to an anticoagulant drug marketed as Lovenox (generically known as enoxaparin). Momenta filed suit in September, 2011, days after … Continue Reading
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