In Pictometry International Corp. v. Roofr, Inc., the court found the plaintiff’s aerial roof measurement patents encompassed unpatentable subject matter and therefore granted defendant’s motion to dismiss.
Continue Reading District Court Finds Asserted Claims of Aerial Roof Measurement Patent Invalid Under 35 U.S.C. § 101
Do defendants and the court have the right to ask who is funding a particular patent litigation? Chief Judge Connolly in Delaware says they do, and in In re Nimitz, the Federal Circuit denied a request to stop the judge’s inquiry.
Continue Reading Delaware Judge Seeks to Expose Patent-Litigation Funders
In Shenzhen Chengront Technology Co., Ltd v. Besign Direct et al, 1-22-cv-10281 (SDNY Dec. 9, 2022) (Jennifer L. Rochon), Judge Rochon of the Southern District of New York denied a Plaintiff’s request for a temporary restraining order (“TRO”) and cited the Plaintiff’s ten-month delay in filing suit as the primary reasoning for denying the TRO.
Continue Reading District Court Finds Ten-Month Delay in Filing Wants Denial of TRO
One of the most amazing accomplishments in the field of biotechnology has been the development and distribution of a vaccine against SARS-CoV-2 (COVID 19). The numbers tell the story.
The time from when the coronavirus’ RNA sequence, identified by China, was published on January 11, 2020 to the date that clinical trials in the U.S. began in March 2020 was 66 days. From the date the RNA sequence was published to the date that a vaccine was first administered to the public, on December 11, 2020, was 11 months. Within a year of the date the RNA sequence was published, both Moderna and Pfizer/BioNTech were providing thousands of doses of mRNA vaccines to people around the world. The mRNA vaccines were extremely effective – they provided about 94-95% protection against severe illness, hospitalization, and death. These vaccines are now available to anyone over the age of six months. In the world’s wealthiest countries, and in much of the rest of the world, vaccine availability is no longer a factor getting vaccinated.
Continue Reading From Saving the World to Fighting Over IP: Moderna and Pfizer/BioNTech
In SSMiller IP LLC v. Sugar Beets LLC, 2-22-cv-02576 (CDCA Oct. 21, 2022) District Judge George H. Wu of the Central District of California found the parties did not sufficiently meet and confer as required by the Local Rules before Plaintiff filed its motion to dismiss Defendant’s noninfringement and invalidity counterclaims. The Court, in its discretion, still considered the motion to dismiss but ultimately summarily denied plaintiff’s motion.
Continue Reading District Court Finds Plaintiff Failed to Meet Pre-Filing Meet and Confer Requirements
