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HTMLU.S. District Court for Colorado Adopts New Local Patent Rules
Joseph E. Cwik; Husch Blackwell LLP;
Legal Alert/Article
July 31, 2014, previously published on July 28, 2014
The United States District Court for the District of Colorado has become the second court in the Tenth Circuit and joined 31 other federal courts by implementing their own local patent rules last month. The adoption of these rules was announced on June 11, 2014 as a Pilot Program Implementing...

 

HTMLCourt Uses Local Patent Rule to Reject Expert Testimony on Indefiniteness
Joseph E. Cwik; Husch Blackwell LLP;
Legal Alert/Article
May 30, 2014, previously published on May 27, 2014
The Local Patent Rules have been designed to require parties to solidify their theories in the early stages of litigation and adhere to them as the case progresses. Yet, the rules are not an entirely rigid structure. They retain some flexibility by providing a non-exhaustive list of circumstances...

 

HTMLThe Business Case for Inter Partes Review of Patents by Generic Pharma
Joseph E. Cwik; Husch Blackwell LLP;
Legal Alert/Article
May 30, 2014, previously published on May 27, 2014
Several parts of the America Invents Act (the “AIA”) became law on Sept. 16, 2012, sparking some of the most meaningful changes to patent law seen in decades. One hot provision in the new law is the ability for one to challenge a patent’s validity in a new inter partes review...

 

HTMLAfter a Slow Start, Generic Pharmaceutical Companies Now Accelerate their Use of Inter Partes Review Patent Challenges
Joseph E. Cwik; Husch Blackwell LLP;
Legal Alert/Article
May 2, 2014, previously published on April 29, 2014
When inter partes review actions first became available in 2012, no generic pharma companies availed themselves to this litigation tool. Not until 2013 did a generic pharma company first seek inter partes review (“IPR”) of a brand drug patent in Apotex Inc. v. Alcon Pharmaceuticals,...

 

HTMLLocal Patent Rule Blocks Discovery on Plaintiff’s Own Manufacturing Process
Joseph E. Cwik; Husch Blackwell LLP;
Legal Alert/Article
April 24, 2014, previously published on April 22, 2014
Patent litigators sometimes face issues resembling the age old debate: which came first, the chicken or the egg? While local patent rules require a plaintiff to assert its infringement contentions on all infringing products, the plaintiff sometimes cannot do so on all products because it lacks the...

 

HTMLEastern District of Texas Adds New Local Patent Rule in Hatch-Waxman Cases
Joseph E. Cwik; Husch Blackwell LLP;
Legal Alert/Article
April 3, 2014, previously published on March 28, 2014
Following the lead of the U.S. District Court for the District of New Jersey, the U.S. District Court for the Eastern District of Texas just announced the adoption of a General Order amending the disclosure requirements for cases under the Hatch-Waxman Act, 21 U.S.C. § 355. The new rule takes...

 

HTMLCourt Says List All Products in All Amended Infringement Contentions or Face Dismissal.
Joseph E. Cwik; Husch Blackwell LLP;
Legal Alert/Article
March 5, 2014, previously published on February 24, 2014
In patent litigation governed by the local patent rules, a plaintiff patent owner is required to disclose original infringement contentions. The patent owner also sometimes discloses amended infringement contentions that add new accused products as more information is obtained in discovery. A...

 

HTMLContinued Sales after Summary Judgment Defeat Ruled Not Evidence of Willful Infringement
Joseph E. Cwik; Husch Blackwell LLP;
Legal Alert/Article
February 10, 2014, previously published on January 27, 2014
In patent litigation, a court will sometimes dismiss some, but not all, defenses of an accused infringer in a summary judgment ruling. Even though some of its defenses were rejected by the court, the accused infringer may nonetheless continue to sell its accused products. In this scenario,...

 

HTMLFederal Circuit Model Order Sees Little Traction in Local Patent Rules
Joseph E. Cwik; Husch Blackwell LLP;
Legal Alert/Article
December 27, 2013, previously published on December 20, 2013
On July 26, 2013, the Federal Circuit Advisory Council issued a Model Order Limiting Excess Patent Claims and Prior Art. The Model Order requires a successive narrowing of elected patent claims by limiting the patent owner to no more than five asserted claims per patent after issuance of the...