Intellectual Property

United States Supreme Court Building

Unanswered Question in 'TC Heartland' Could Have Big Impact in Del.

By Tom McParland |

Intellectual property attorneys are preparing for an influx of patent infringement suits in Delaware after the U.S. Supreme Court on Monday ruled that corporations "reside" only in their state of incorporation under the patent venue statute.

High Court May Shake Up 27 Years of Patent Venue Selection With 'TC Heartland'

By Alan R. Silverstein and Dominique A. Meyer |

The U.S. Supreme Court will soon decide whether the plain language of the patent venue statute—or the Federal Circuit's 27-year-old deviation from it—will dictate the appropriate venue for patent infringement litigation.

Theranos Headquarters

Delaware Court Blocks Theranos Tender Offer Ahead of Fraud Trial

By Tom McParland |

The Delaware Court of Chancery has stopped for now a tender offer that investors said would allow Theranos Inc. to "insulate itself" and hinder their ability to claw back a $96 million investment in the embattled blood-testing company.

Teva Pharmaceuticals.

Stark Green Lights Infringement Claims Against Teva

By Tom McParland |

Teva Pharmaceuticals could not escape a patent infringement suit Monday, after a Delaware federal judge found there was enough evidence to suggest that the Israel-based generic drugmaker had tried to usurp the market for treating a disease without the proper approval.

Office Depot employee Derek Richardson straightens shelf items in the company's Tallahassee, Fla. store, Thursday, July 27, 2006.

Court Tosses Challenge to Del. Unclaimed Property Collection

By Tom McParland |

A Delaware federal judge has once again dismissed a challenge to the state's method for collecting unclaimed property, saying a company could not plausibly claim the scheme was pre-empted by federal law.

Questions Over Energy Company's Partnership Unit Issuances Headed to Trial

By Tom McParland |

Vice Chancellor Sam Glasscock III is leaving for trial open questions regarding the propriety of partnership unit issuances Energy Transfer Equity made in the run-up to its since-scuttled merger with The Williams Cos. Inc.

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.

Zubsolv.

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.