The Article One community uncovered references that are crucial for an invalidity
position for the U.
that when evidence of invalidity
has not been considered by the USPTO, "the rationale underlying the presumption [of validity]--that the USPTO, in its expertise, has approved the claim--seems much diminished.
With several previous decisions clearly in favor of the Company, FMCH will appeal to the Court of Appeals for the Federal Circuit to have the original June 2006 jury verdict of invalidity
reinstated and will seek a stay of the injunction pending resolution of the appeal.
In contrast, the ECB must win in all nine national courts to receive a complete invalidity
Finnegan vigorously defended LG in the action, and after discovery closed, Finnegan filed six summary judgment motions, seeking judgments of invalidity
and noninfringement on both patents.
This decision also permits Insmed to continue to press its defenses of no infringement and unenforceability for the '151 patent' and no infringement and invalidity
for the '287 patent.
The Court's decision allowed Oracle's motion for summary judgment of non-infringement, and denied Oracle's motion for summary judgment with respect to its claims regarding invalidity
and inequitable conduct.
In June 2004, Barr and Teva were granted summary judgment of non-infringement with respect to three patents, and were granted summary judgment of invalidity
on an additional patent in the case in April 2005.
6,279,033 and for summary judgment as to the invalidity
of MicroStrategy's U.
In September of 2005, IVAX amended its ANDA with paragraph IV certifications, alleging invalidity
and non-infringement in respect of certain of AstraZenica's patents relating to budesonide inhalation suspension, and also notified AstraZenica of such certifications.
HONG KONG -- Sisvel, a well reputed company in the business of licensing patented technology, announced today that it has filed suit against Thomson and Fraunhofer before German and Italian Courts asking for the invalidity
and the revocation of the patents owned by these two companies in reference to the popular MP3 audio compression technology.
District Court for the Central District of California is not likely to hear the case, which will address infringement and invalidity
issues, until 2006.