SWIPLit

District Courts Disagree on Venue-Waiver Issues After TC Heartland

By David G. Barker At the end of May this year, the Supreme Court unanimously clarified the law on venue in patent infringement lawsuits (see here). For 27 years, litigants had relied on a Federal Circuit decision, VE Holding Corp. v. Johnson Gas Appliance Co. (1990), that allowed patent owners to file suit virtually anywhere […]

July 26, 2017 | 3 min read | Tagged: Supreme Court, Venue

DB

David G. Barker Partner

Supreme Court Permits Biosimilar Drugs to Be Marketed Sooner

By Jacob C. Jones and David G. Barker On June 12, 2017, in Sandoz Inc. v. Amgen Inc., the United States Supreme Court unanimously held that a drug manufacturer may give a required 180-day notice of its intent to market a biosimilar drug before receiving FDA approval. This means that, in some circumstances, manufacturers can […]

June 13, 2017 | 3 min read | Tagged: Amgen, artificial infringement, biologics, biosimilars, BPCIA, FDA, Federal Circuit, Neupogen, patent, Sandoz, Supreme Court, Zarxio

JJ

Jacob C. Jones Counsel

DB

David G. Barker Partner

Unanimous Supreme Court Decision Limits Venue in Patent Infringement Suits

By Peter R. Montecuollo and David G. Barker In yet another unanimous intellectual property decision (see here), the United States Supreme Court today held in TC Heartland LLC v. Kraft Foods Group Brands LLC that “reside,” as used in the patent venue statute, 28 U.S.C. § 1400(b), “refers only to the State of incorporation,” and […]

May 22, 2017 | 2 min read | Tagged: patent, Supreme Court, Venue

PM

Peter R. Montecuollo Former Associate

DB

David G. Barker Partner