Litigation News

Two former patent litigators, Anaïs Pallut (August Debouzy, Hoyng ROKH Monegier) and Annabelle Divoy (Aramis, Hoyng ROKH Monegier), launched new IP boutique Pairs Law focusing on patent litigation. Pallut handled cases for Nipro v. Fresenius, Thales, Michelin v. Goodyear at UPC, and Ceva Santé Animale v. Bayer. Divoy specialized in telecommunications disputes including Philips v. TCL/Xiaomi, Orange v. Intellectual Ventures, and Fresenius v. Nipro. The firm will handle UPC and national court patent litigation plus trade secrets and unfair competition matters.

Mold-Tek Packaging sued Neway Industries in Delhi High Court for infringing patents IN 401417 and IN 298724 covering container closure systems. Commercial Court initially granted injunction for both patents, later vacated it for IN 298724. High Court upheld injunction for IN 401417, finding Neway failed to prove invalidity through proper claim mapping. For IN 298724, court revived injunction and remanded invalidity question to Commercial Court, emphasizing distinction between infringement and invalidity defenses.

Federal Circuit reversed district court JMOL, holding Teva's method claims for treating headaches using anti-CGRP antibodies satisfied written description and enablement requirements. Jury found Lilly willfully infringed valid claims. District court invalidated claims despite jury verdict. Federal Circuit distinguished claims from genus antibody patents, emphasizing claims covered specific treatment method, not broad antibody genus. Court noted antibodies were well-known in prior art and specification showed all antagonistic anti-CGRP antibodies treat headaches effectively.

Federal Circuit reversed $17 million jury verdict against Texas urologists in International Medical Devices v. Cornell, finding four alleged Penuma penile implant trade secrets were not protectable under California law. Three secrets (silicone pockets, mesh tabs, absorbable sutures) were disclosed in prior patents; fourth (instrument list) lost secrecy through unrestricted third-party disclosure. Court vacated damages and injunction, affirmed $1 million trademark counterfeiting judgment. Also rejected Dr. Elist's co-inventorship claims on defendants' patents.

Multiple ANDA litigation settlements resolved in Q1 2026 across federal courts. Major pharmaceutical companies including Pfizer, Astellas, Boehringer Ingelheim, Janssen, and Bayer settled patent disputes with generic manufacturers like Teva, Lupin, Hikma, and others. Settlements typically involved admissions of patent validity and infringement, injunctions preventing generic entry until patent expiration, and dismissal of all claims with prejudice. Key drugs included Jardiance, Xarelto, Myrbetriq, Wakix, and Caplyta. Parties generally bore own attorneys' fees.

Patent monetization firm IP Edge shifted strategy after 2022 investigations by Judge Colm Connolly, who referred several connected lawyers to ethics panels. Founder Gautham Bodepudi said investigations concluded with no misconduct findings. IP Edge, previously criticized as patent troll, now focuses on facilitating high-quality patent enforcement cases using insurance and litigation funding against alleged infringers. The firm claims extensive litigation history despite facing negative attention from the judicial scrutiny.

The U.S. Court of Appeals for the Federal Circuit revived Teva Pharmaceutical's patent lawsuit against Eli Lilly over competing migraine drugs Ajovy and Emgality. The appeals court reversed a Massachusetts judge's 2023 decision invalidating Teva's patents and overturning a $176.5 million jury verdict. Teva sued in 2018 alleging Emgality infringed patents related to antibody treatments. The case returns to Massachusetts federal court. Goodwin Procter represents Teva; Finnegan Henderson represents Lilly.

Total Wine & More failed to escape a Texas patent lawsuit by filing a declaratory judgment action in California federal court. Magistrate Judge Nathanael M. Cousins dismissed the California case, ruling it would undermine judicial efficiency since it involves the same parties and mobile app patents as the earlier Texas suit. The court noted parties could return to California if Total Wine's pending motion to dismiss for improper venue succeeds in Texas.

USPTO invalidated all claims of two Trina Solar TOPCon patents previously asserted against Canadian Solar. Trina Solar filed patent infringement complaint in Delaware federal court in October 2024 and separate lawsuit in China's Jiangsu High People's Court in February 2025 seeking $147 million damages. Canadian Solar also faces ongoing patent disputes with Maxeon (filed in Texas federal court March 2024) and previously settled cases with Maxeon in Japan and Solaria regarding shingled solar module technology.

USPTO Patent Trial and Appeal Board ruled portions of Trina Solar's TOPCon patents (U.S. Patent Nos. 9,722,104 and 10,230,009) unpatentable, finding Runergy and Canadian Solar not infringing. Adani Green Energy previously settled with Trina. U.S. International Trade Commission terminated Trina's Section 337 investigation seeking import ban. First Solar filed separate Section 337 investigation against Trina Solar, Canadian Solar, Runergy and Adani over TOPCon patents, which remains ongoing.