Intellectual Property

Teva Pharmaceuticals.

Teva Patents for MS Drug Ruled Invalid as Obvious

By Tom McParland |

A Delaware federal judge has ruled four patents held by Teva Pharmaceuticals invalid as obvious, potentially clearing a path for competitors to bring generic versions of the company's multiple sclerosis drug to market.

Robert C. Scheinfeld

The Supreme Court's Impact on Patentable Subject Matter

By Robert C. Scheinfeld |

Twenty patents. That's how many patents were invalidated in only three decisions in the last few weeks alone.


Orexo Launches Appeal in Bid to Reinstate Patent for Opioid Treatment Drug

By Tom McParland |

Orexo AB on Thursday said it is appealing part of a Delaware district court decision that found a patent for its opioid-treatment drug Zubsolv was invalid.

Brett McCartney

Claims That Controlling Stockholder Received Unique Benefits Dismissed

By Brett M. McCartney |

In GAMCO Asset Management v. iHeartMedia, Delaware's Court of Chancery considered claims that a controlling stockholder's liquidity needs created conflicts in otherwise arm's-length transactions with third parties.

Just Dance 2016 video game by Ubisoft

Judge Recommends Dismissal in Ubisoft Patent Infringement Case

By Tom McParland |

Video game developer Ubisoft appears poised to escape a patent infringement case after a Delaware federal magistrate judge on Nov. 4 recommended the dismissal of three remaining claims over the virtual reality technology underlying its popular "Just Dance" and "Rocksmith" games.

Chief Judge Leonard Stark of the United States District Court for the District of Delaware.

U.S. Judge Clears Way for Patent Suit Against Amazon

By Tom McParland |

A federal magistrate judge in Delaware has recommended that Inc. and others not be allowed to escape an infringement case over technology company Kaavo's cloud computing patent, saying open questions of fact precluded an early dismissal of the suit.

Cell Phone Companies Can't Escape Patent Infringement Case

By Tom McParland |

A contingent of big-name cell phone makers could not escape a patent infringement suit in Delaware on Monday, after a federal judge initially upheld the eligibility of patents for a better system of voice and data transmissions.

Judge Allows Ex-CEO's Claims in Tech Startup's Bankruptcy

By Tom McParland |

A Delaware bankruptcy judge on Thursday allowed claims by the former CEO of Seegrid Corp. seeking to recover more than $500,000 in wages and travel reimbursement as a part of Chapter 11 proceedings.

Delaware Supreme Court Building

Supreme Court Denies Review in Dissolved Joint Venture Case

By Tom McParland |

The Delaware Supreme Court on Wednesday declined to revisit a vice chancellor's decision that left hearings on allegations of pre-suit spoliation to an arbitrator, in a case challenging the dissolution of a once-promising joint venture.

Gregory Sleet

HTC Fails to Escape Smartphone Patent Infringement Case

By Tom McParland |

HTC Corp. was rebuffed Tuesday in its bid to escape a lawsuit alleging that the Taiwanese consumer electronics company had infringed on patents for technology built into smartphones and tablets.

Third Circuit Widens Path to Antitrust Standing for Indirect Purchasers

By Tom McParland |

Indirect purchasers do not need to have provided consideration in order to be assigned federal antitrust claims and gain direct purchaser standing, the U.S. Court of Appeals for the Third Circuit ruled on Wednesday.

Third Circuit Reverses Allergan Antitrust Dismissal

By Tom McParland |

The U.S. Court of Appeals for the Third Circuit on Sept. 7 opened the door for indirect drug purchasers to recover damages under federal antitrust laws, ruling that the plaintiff in a product-hopping suit had standing to give the courts subject matter jurisdiction over its claims.

NuvaRing Patent Invalid as Obvious, Judge Rules

By Tom McParland |

Merck is appealing a Delaware federal court ruling that rejected its patent infringement claims against a rival drugmaker, which is planning to sell a generic version of NuvaRing.