Federal Circuit Denies Mandamus in District of Delaware Case Under In re Link_A_Media Devices

The Federal Circuit recently issued a decision applying In re Link_A_Media Devices Corp. and denying a writ of mandamus directing the Judge Stark of the District of Delaware to transfer a patent infringement case to the Northern District of California. The case involved two Delaware limited liability companies as plaintiffs and four Delaware corporations as

Federal Circuit Acknowledges Dismissed Delaware Action, Does Not Vacate its Order

On December 2, the Federal Circuit issued an order granting a writ of mandamus in a District of Delaware case, In re Link_A_Media Devices Corp., Misc. Doc. No. 990 (Fed. Cir. Dec. 2, 2011). Recently, however, the parties, who had settled the case prior to the Federal Circuit’s decision, moved to withdraw or dismiss the

Recent Mandamus Rulings from the Federal Circuit in Delaware Cases

On December 2, 2011,the Federal Circuit granted a petition for a writ of mandamus reversing the District of Delaware’s denial of a motion to transfer venue. In re Link_A_Media Devices Corp., Misc. Doc. No. 990 (Fed. Cir. Dec. 2, 2011). The Court of Appeals ordered the District Court to transfer the case to the Northern

Federal Circuit: Questionable Personal Jurisdiction Warrants Transfer

Among the many considerations that courts face when deciding whether to transfer an action, especially in an era of ever-expanding dockets, judicial economy can sometimes tip the balance. In a recent order, the Federal Circuit upheld a D. Del. decision that sent the underlying ANDA case to another district. Of the several reasons cited, the

Federal Circuit upholds Judge Robinson’s decision that Teva’s ANDA product does not infringe Takeda’s patent

The Federal Circuit has affirmed, without discussion, Judge Robinson’s decision in Takeda Pharma. Co. Ltd. v. Teva Pharma. USA Inc., C.A. No. 07-331-SLR (D. Del. Nov. 9, 2009) (Robinson, J.), that Takeda failed to prove that Teva’s ANDA products infringe Takeda’s patent. In her opinion, Judge Robinson had emphasized the importance of a patentee’s conduct

Federal Circuit: Judge Robinson Liability Determination Affirmed

The Federal Circuit has affirmed a liability determination by District of Delaware Judge Sue L. Robinson. In the underlying litigation, the district court rejected all parties’ claims: the patentee failed to demonstrate infringement, and the defendants came up short in their invalidity and unenforceability cases. Without discussion, the Federal Circuit agreed. Takeda Pharma. Co. Ltd.

Federal Circuit Affirms D. Del. Chief Judge

The Federal Circuit has affirmed a decision by District of Delaware Chief Judge Gregory M. Sleet. Following a bench trial, the district court held that prosecution history estoppel barred the patentee from asserting the doctrine of equivalents as its infringement theory. The district court also rejected assertions of unforeseeability and tangentiality in the claim-narrowing process,

U.S. Supreme Court Denies Cert in PharmaStem/ViaCell Dispute

On March 17, 2008, the United States Supreme Court denied PharmaStem’s writ of certiorari in the case of PharmaStem Therapeutics, Inc. v. Viacell, Inc., et al. This case involved various cord blood storage patents and was originally filed in the District of Delaware. A jury originally reached a verdict for PharmaStem and against Viacell Inc.,

To Be Dependent, Claim Must Incorporate Process, Not Product, of Referent Claim

Dependent claims necessarily refer back to an earlier, separate claim. But what happens when one claim describes a one-step process that is in turn obtained by the process of another claim? According to the Federal Circuit, the reference to the earlier claim’s process ensures a finding of dependency. In affirming a claim construction decision (among

Request for Injunctive Relief in Complaint, Not Briefing, Controls “Final Judgment” Inquiry

The principle that the complete adjudication of a patent dispute requires that both liability and remedy be fully established is well-settled. If a court has entered judgment on one, but not the other, any appeal is likely premature. But what if a party that has sought injunctive relief in its complaint declines to brief the