Litigation News

Australian innovation patents remain viable litigation tools despite new filings ending in 2021. These patents offer same rights as standard patents but with lower inventiveness threshold, making validity challenges difficult. The "mothership" strategy allows patent owners to file multiple divisional innovation patents from pending standard applications with effective filing dates before August 25, 2021. Courts rejected abuse of process challenges to this tactical approach. Patent owners can preserve litigation options by maintaining pending applications through successive divisional filings before final expiration in 2029.

Supreme Court will hear Hikma v. Amarin addressing whether generic drug "carve-out" labeling constitutes induced patent infringement. Amarin sued Hikma in 2022 claiming Hikma's generic Vascepa label inadequately carved out Amarin's cardiovascular method patents. Delaware District Court dismissed but Federal Circuit reversed, finding plausible induced infringement claim. Case centers on tension between FDA-permitted skinny labels and patent law, with Solicitor General supporting review, arguing Federal Circuit decision undermines congressional balance.

Orthopedic device manufacturer Syntorr must provide €2 million security for cost reimbursement in two UPC lawsuits against competitor Arthrex over patents EP 2 670 898 and EP 3 835 470 covering surgical suture technology. Munich local division rejected Syntorr's insurance policy as adequate security, requiring bank guarantee instead. Syntorr appealed to UPC's new third Court of Appeal panel, which will hear its first case today. Decision impacts litigation funding industry's ability to finance UPC cases through insurance coverage.

Federal Circuit reversed Eastern District of North Carolina's admission of D R Burton Healthcare's expert Dr. Collins' testimony against Trudell Medical International regarding U.S. Patent 9,808,588 for oscillatory positive expiratory pressure therapy devices. Court found expert disclosure untimely and testimony unreliable under Federal Rule of Evidence 702. Case remanded for new trial excluding Collins' non-infringement testimony, reassigned to different judge due to trial judge's statements undermining fairness appearance.

The U.S. Supreme Court will review the Hikma-Amarin dispute involving "skinny labels," which allow generic drugmakers to enter markets sooner by excluding patented indications. The Court selected this case over an earlier GSK-Teva skinny label litigation due to its cleaner factual record. Foley Hoag partner Jeffrey Lewis noted the Court chose a more straightforward case to address this pharmaceutical patent issue definitively.

EU initiated WTO proceedings against China in February 2022, challenging Chinese courts' anti-suit injunctions in standard-essential patent disputes. EU alleged China's ASI policy violated TRIPS Articles 28.1, 28.2, and transparency obligations. WTO panel found ASI policy exists but rejected most EU claims except transparency violations. MPIA arbitrators reversed key findings in July 2025, ruling China's ASI policy inconsistent with TRIPS Articles 28.1, 28.2, and 1.1, while upholding transparency violations.

UPC Mannheim Local Division confirmed its order restraining Amazon from seeking interim licence relief in England against InterDigital's standard essential patents, extending protection to any measure with de facto restraining effect. UPC Court of Appeal refused Amazon's application for suspensive effect. The court views English interim licence declarations as incompatible with EU public policy and competition law. Decision escalates cross-jurisdictional conflict between UPC's patent enforcement approach and English court's contractual obligation enforcement in ongoing SEP dispute.

California federal judge denied Realtek's bid to introduce new discovery evidence from Texas patent litigation in its antitrust case against MediaTek. The ruling came two weeks after a hearing on MediaTek's early summary judgment motion. While appearing as a setback for Realtek, the order may indicate the judge believes existing evidence is sufficient for a potential summary judgment ruling in Realtek's favor against its Taiwanese semiconductor rival.

Solos sued Meta over RayBan smart glasses patent infringement, seeking multiple billions in damages and an injunction to halt sales. Solos claims Meta's first-generation glasses violate patents covering core smart eyewear technologies. The company alleges Meta and Oakley employees gained insight into Solos' products after being introduced to the technology in 2015 and receiving test units in 2019. The lawsuit targets Meta's fastest-growing product category amid surging demand.

USITC issued preliminary ruling that Chinese RF chipmaker Kxcomtech did not infringe two Skyworks Solutions patents, while investigations into three other patents were terminated after Skyworks withdrew claims. Skyworks filed patent lawsuit in California federal court in May 2024 and Section 337 investigation with USITC in July 2024, alleging Kxcomtech's Wi-Fi RF modules infringed five US patents. Multi-year litigation has cost Kxcomtech over CNY100 million in legal fees. Final USITC ruling expected May 2025.