Monsanto Motion for New Trial Conditionally Denied and JNOV Denied

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As a follow-up to our previous posting on the blockbuster glyphosate trial in which a plaintiff suffering from non-Hodgkin’s Lymphoma was awarded $289 million by a San Francisco jury, the judge, on October 22, 2018, has conditionally denied Monsanto’s motion for new trial and denied its motion for judgment notwithstanding the verdict (JNOV).  This decision …

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Fed Circuit Watch: PTAB Bungles Real Party-in-Interest Analysis

collateral estoppel fed circuit watch IPR patent PTAB real party in interest

On September 7, 2018, the Court of Appeals for the Federal Circuit decided Worlds Inc. v. Bungie, Inc.,[1] representing another case in the growing case law of IPRs and specifically, the time-bar application and collateral estoppel. Worlds Inc. owns U.S. Patent Nos. 7,945,856 (‘856), 8,082,501 (‘501), and 8,145,998 (‘998).  All are directed to methods and …

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Fed Circuit Watch: Different Evidence + Different Standards of Review = Different Validity Result

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The Court of Appeals for the Federal Circuit presented an interesting paradox in patent validity challenges, especially when the same parties bring forth essentially the same issues, but have different results in different federal agency or judicial reviews, as was seen in Nobel Biocare Services AG v. Instradent USA, Inc.,[1] decided on September 13, 2018. …

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Fed Circuit Watch: Opioid Addiction Drug Patent Not Obvious

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On September 10, 2018, the Court of Appeals for the Federal Circuit decided Orexo AB v. Actavis Elizabeth LLC,[1] in what turns out to be a fairly straightforward analysis of an obviousness case under 35 U.S.C. §103.  The facts are as follows. Orexo owns U.S. Patent No. 8,940,330 (‘330), which describes opioid treatment generally, and …

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Monsanto Files Motions for Relief After Blockbuster Glyphosate Jury Verdict

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Monsanto Co. is fighting back against the $289 million jury verdict for its glyphosate product, ROUNDUP®.  On September 19, 2018, Monsanto filed two post-trial motions for relief with the Superior Court of California: motion for new trial and motion notwithstanding the verdict (JNOV) in attempts to overturn the verdict against its $6.6 billion product, where …

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Fed Circuit Watch: Broad Wins Latest CRISPR Court Battle

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On September 10, 2018, the Court of Appeals for the Federal Circuit decided Regents of the Univ. of Calif. v. Broad Inst., Inc.,[1] in the latest court battle in the CRISPR patent challenge pitting three of the nation’s largest research universities against each other. CRISPR, or “Clustered Regularly Interspaced Short Palindromic Repeats,” is a family …

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Fed Circuit Watch: Nexus Required Between Attorney Fees Award and Misconduct

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Another recently unsealed opinion from August 15, 2018 revealed a decision of the Court of Appeals for the Federal Circuit involving inequitable conduct and fee award.  In the opinion dated July 28, 2018, in In re Rembrandt Techs., LP Patent Litigation,[1] the Fed Circuit held that while the district court did not abuse its discretion, …

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