Litigation News

Northern District of California Magistrate Judge ruled in favor of Samsung Electronics in its declaratory judgment dispute with CM HK Ltd. over motion-sensing technology patents. The court compelled document production from shared corporate servers and ordered additional depositions to investigate alter ego allegations between CM HK and CyWee Group. Samsung argues CM HK operates as CyWee's California extension to establish personal jurisdiction. The ruling addresses discovery obligations when corporate affiliates share resources and leadership structures in patent litigation.

JUVE Patent's latest UPC ranking shows boutiques dominating European patent litigation, with 28 of 43 ranked teams being IP specialists versus 10 international firms. Recent boutique spin-offs include Pentarc (from Taylor Wessing) and Bonabry (from Preu Bohlig). High-profile UPC cases demonstrate competition between firm types: Abbott uses Taylor Wessing and August Debouzy; Edwards v. Meril features Powell Gilbert versus Hogan Lovells. Arnold Ruess won UPC Firm of the Year.

Federal Circuit affirmed Patent Trial and Appeal Board's inter partes review decision on IBM's single sign-on patent No. 7,631,346. IBM has asserted the patent against Zynga, Airbnb, and other services using third-party sign-in options. Court upheld Board's finding that broader claims are unpatentable over Sunada reference but affirmed that narrower claims were not shown unpatentable. Rakuten Rewards petitioned the IPR, joined by Zillow. Separately, Federal Circuit affirmed JMOL for Goodyear in $64 million trade secret case involving self-inflating tire technology.

Federal Circuit affirmed PTO's denial of Gesture Technology Partners' petition to terminate ex parte reexamination of U.S. Patent No. 7,933,431. Samsung requested reexamination while Unified Patents filed IPR of same patent. Gesture argued reexamination should terminate after IPR decision under 35 U.S.C. § 315(e)(1) estoppel provisions. Court ruled estoppel doesn't apply since Samsung has no role maintaining reexamination after initial request—PTO drives process independently. Decision preserves parallel challenge strategy.

Stephen Thaler appealed to the Federal Court of Canada challenging the Commissioner of Patents' refusal of patent application 3,137,161, which listed AI system DABUS as inventor. The Patent Appeal Board rejected the application solely on inventorship grounds, concluding "inventor" means a natural person under the Patent Act. Thaler argues the interpretation should evolve to recognize AI inventorship, seeking declarations that DABUS qualifies as inventor and he owns resulting intellectual property.

Former US District Court Chief Judge Mitchell Goldberg joins Blank Rome's Philadelphia business litigation group January 1st. Goldberg brings over 40 years experience, including significant pharmaceutical patent disputes and Hatch-Waxman antitrust litigation from his decade as visiting judge in Delaware District Court. The hire strengthens Blank Rome's litigation capabilities in complex pharmaceutical and patent matters.

The EVERY Company and Onego Bio are engaged in an escalating IP dispute over ovalbumin production patents via precision fermentation. Onego filed suit in US District Court for Western District of Wisconsin seeking declaratory judgment that EVERY's patents are invalid and unenforceable. EVERY moved to dismiss, claiming harassment, while Onego accused EVERY of false advertising and tortious interference with investors. Both companies produce egg proteins using different microorganisms as hosts.

Samsung seeks new trial after $445.5 million patent infringement verdict to Collision Communications in Eastern District of Texas. Collision requests permanent injunction to block Samsung phone sales, claiming willful infringement of cellular network interference technology. Samsung also filed sealed motion for judgment as matter of law. Jury found willful infringement in October before Judge Rodney Gilstrap, rejecting Samsung's invalidity arguments and $10 million damage cap. Collision represented by Caldwell Cassady & Curry; Samsung by Quinn Emanuel.

Judge Coleman granted partial default judgment against defendants in Hypertherm's patent infringement case involving plasma arc cutter parts. Court awarded Hypertherm $46,146.60 in lost profits and permanent injunction for infringement of three patents. However, Court released $3,940.83 in frozen funds belonging to thirteen defendants with zero infringing sales and limited asset freezes only to amounts tied to each defendant's specific infringing activities, rejecting blanket asset restraints.

Sanofi lost its second medical use patent for an established cancer drug at the Unified Patent Court to three generic companies: Stada, Dr. Reddy's, and Zentiva. The UPC revoked the patent in a ruling published Tuesday, suggesting the court may take a stricter approach than the European Patent Office toward second medical-use patents. The decision represents a victory for generic pharmaceutical companies challenging Sanofi's intellectual property rights.