Intellectual Property

Contrave Weight Loss Drug Patents Infringed by Generic Maker, Court Rules

By Tom McParland |

A Delaware federal judge ruled on Oct. 13 that Actavis Laboratories FL Inc. infringed three patents with a planned generic version of the weight-loss drug Contrave, rejecting the company's defense as a "classic case" of hindsight bias.

Judge Knocks Samsung for 'Duplicative' Suit to Avoid $21M Infringement Ruling

By Tom McParland |

A federal judge in Delaware on Tuesday criticized Samsung Electronics Co. Ltd. for using a Delaware lawsuit to attack a nearly $21 million patent infringement ruling in Texas, saying the same issues are already being considered on appeal.

U.S. Chief Magistrate Judge Mary Pat Thynge of the District of Delaware.

US Magistrate Greenlights Suit Over Restaurant Game Tablet

By Tom McParland |

A Delaware magistrate judge has recommended that a declaratory judgment action against AMI Entertainment Network proceed after the restaurant game-maker raised the possibility of infringement by a competitor.

Apple Targeted in New iPhone Patent Suit in Wake of $11M Loss

By Tom McParland |

Ironworks Patents, fresh off a nearly $11 million patent win over Apple Inc. this summer, is suing the tech giant again, alleging continued infringement with its later-generation iPhones, including iPhone 8 models and the iPhone X.

patent stamp

Federal Circuit Weighs In: Updated Guidance on Post-'TC Heartland' Venue

By David L. Gann and Michael C. Deane |

The Supreme Court's bright-line rule for patent venue based on a corporation's "residency," issued in TC Heartland on May 22, quickly shifted focus to the second prong of 28 U.S.C. Section 1400(b) and specifically to whether the corporation has a "regular and established place of business" in the proposed forum.

Are the Chancery and Supreme Court Parting Ways on Del. Business Law in Wake of Personnel Change?

By Tom McParland |

As the Delaware judiciary emerges from a period of unprecedented turnover, the state Supreme Court is overturning Chancery Court decisions at a rate not seen in years, a significant departure for two courts known for their consistency when it comes to deciding matters of corporate and commercial law.

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

Stark Sets Venue Guidelines for Del. IP Cases in Wake of 'TC Heartland'

By Tom McParland |

For the first time since the U.S. Supreme Court's landmark ruling in TC Heartland, the chief judge of Delaware's district court this week said that companies must have a permanent and physical presence in the state to be sued for patent infringement.


'Waive' Goodbye: Developments in Patent Litigation

By Roy H. Wepner |

The seemingly endless war between certain types of patent owners (often socalled "nonpracticing entities" or NPEs) and certain types of defendants (typically corporations perceived to have deep pockets) has been fought on many fronts over the last decades.

Gregory Sleet

Despite Federal Circuit Decision, US Judge in Del. Bounces Patent Suit

By Tom McParland |

A Delaware federal judge on Tuesday ordered a patent infringement case involving two Finnish companies transferred out of the Delaware district court, in an unusual ruling that diverged from one issued by the U.S. Federal Circuit Court of Appeals.

Judge: Single Apple Store Makes Delaware Venue Proper for Patent Litigation Against Tech Giant

By Tom McParland |

A federal judge on Thursday allowed an infringement case against Apple Inc. to proceed in Delaware, ruling that the presence of a single Apple Store in the state is enough to establish proper venue.

Roku, Inc. Headquartered in Los Gatos, CA.

Roku Sued in Del. Over Media-Streaming Product Line

By Tom McParland |

A patent infringement suit against media-streaming service Roku Inc. has made its way to Wilmington, after a Texas judge last week ruled that Delaware federal court was the proper place to litigate the claims in light of the U.S. Supreme Court's landmark ruling issued earlier this year in TC Heartland.

U.S. District Judge Sue Robinson of Delaware

Robinson Denies Injunction in Hair Care Infringement Dispute

By Tom McParland |

A Delaware federal judge on Thursday blocked a bid to halt L'Oreal from selling a line of hair care products, ruling that a competitor and one-time acquisition target was unlikely to prove that the cosmetics giant had infringed on the patent underlying its innovative hair treatment system.

Planned Exit From Cookie Contract Was Half-Baked, Bouchard Rules

By Tom McParland |

The Delaware Court of Chancery on Monday ruled that Interbake Foods could not rely on its "material adverse change" argument to escape a contract to market cookies for Mrs. Fields Brands Inc. at grocery and convenience stores.

Damages for Apple iPhone Infringement Bumped Up to $8.9M

By Tom McParland |

Apple Inc. has been ordered to pay nearly $9 million in damages for infringing a ring-silencing patent with technology it incorporated into earlier versions of the iPhone.

Gregory Herrman

Observations in the Wake of Narrowing of Patent Venue in 'TC Heartland'

By S. Gregory Herrman |

In a recent unanimous decision that is still reverberating throughout the patent litigation world, the U.S. Supreme Court reversed the U.S. Court of Appeals for the Federal Circuit's broad interpretation of the patent venue statute, limiting a corporation's residence for the purpose of venue in patent cases to "only the state of incorporation."

Amgen Inc. headquarters.

Amgen Asks for Injunction in Patent Row

By Tom McParland |

Amgen Inc. has asked a Delaware federal judge to temporarily block Hospira Inc. from bringing a biosimilar version of its anemia-fighting drug Epogen to market, saying the competitor failed to provide the company proper notice under a 2010 law.

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.