Ferring B.V. v. Allergan was decided on November 10, 2020 on appeal from the Southern District of New York. In September 2002, Ferring filed a PCT Application for its drug formulation, naming 6 inventors, including Fein, a consultant for Ferring. Fein “conceived the sublingual route of administration.” Two months later, …
Medinol v. Cordis is a nonprecedential case decided on June, 12, 2020, on appeal from the Southern District of New York. After dismissing Plaintiff Medinol’s patent infringement claim as barred by laches, the district court denied Medinol Rule 60(b)(6) relief from the judgment. Medinol did not appeal the original judgment …
Serta Simmons Bedding v. Casper Sleep was decided on February 13, 2020 on appeal from the Southern District of New York. In September 2017, plaintiff Serta filed a patent infringement lawsuit against defendant Casper. While Casper’s motions for summary judgment of non-infringement were pending, the parties executed a settlement agreement. …
Endo v. Teva is a nonprecedential case decided on May 16, 2018 on appeal from the Southern District of New York. The district court found all asserted claims by plaintiff Endo against defendant Teva not invalid, and found all but two asserted claims infringed. The district court then issued a permanent injunction against …
Regeneron v. Merus was decided on July 27, 2017 on appeal from the Southern District of New York. There, the district court held the asserted patent invalid because of plaintiff Regeneron’s inequitable conduct during prosecution. The district court first found that Regeneron withheld four references from the USPTO that were material. (The withheld references …
Convolve v. Compaq was decided on February 10, 2016 on appeal from the Southern District of New York. There, the district court granted summary judgment of no infringement, and that liability was precluded by intervening rights arising from a December 2, 2008 substantive amendment to the asserted claims. Plaintiff Convolve appealed. The Federal Circuit …
Lumen View Tech. v. Findthebest.com was decided on January 22, 2016 on appeal from the Southern District of New York. There, the district court held that plaintiff-Lumen View’s patent was directed to an abstract idea, and therefore was invalid under § 101. Defendant Findthebest then moved for an award of attorney fees under § …
TNS Media Research v. TiVo is a nonprecedential case decided on September 16, 2015 on appeal from the Southern District of New York. There, after plaintiff TNS filed suit against defendant TiVo seeking a declaratory judgment of noninfringement, TiVo counterclaimed for infringement of the patent. The district court granted TNS’s motion as to noninfringement and …
Canon v. GCC is a non-precedential opinion decided on January 25, 2008 on appeal from the Southern District of New York. The district court granted plaintiff Canon a preliminary injunction. Defendant GCC appealed. The Federal Circuit affirmed the preliminary injunction grant. A patent owner seeking a preliminary injunction must show: “(1) a reasonable likelihood …