NY Patent Decisions Blog

NYPatentDecisionsBlog.com is a source for the latest patent decisions from the U.S. District Courts for the Southern and Eastern Districts of New York. The blog is authored by Patterson Belknap’s Patent Litigation practice group, whose members are highly experienced trial attorneys with extensive technical knowledge. Many have advanced scientific degrees and industry experience in fields such as communications, electrical and electro-optical technology, semiconductor technology, metallurgical engineering, chemistry and biochemistry. The team represents consumer products, electrical and software, medical device, mechanical, and pharmaceutical companies in a broad range of patent litigation matters, including district court cases, PTO and PTAB trial proceedings, patent licensing and contractual disputes concerning patent rights.

Judge Vyskocil Allows Amino Acid Case to Go Forward Despite “Group Pleading” and “Inconsistent Allegations” of Infringement

by Ryan J. Sheehan and Lewis V. Popovski on October 5, 2021

On September 27, 2021, U.S. District Court Judge Mary Kay Vyskocil held that plaintiffs Ajinomoto Co., Inc. and Ajinomoto Heartland Inc. had alleged plausible claims for relief for infringement under 35 U.S.C. § 271(g), for inducement of infringement, and for willful infringement, despite the complaint’s purported “group pleading” and “inconsistent allegations” of infringement by the three related defendant corporations.

Judge Furman Sends Video Surveillance Case Packing Because an Employee’s Apartment is Not “a Place of the Defendant” Even Though Defendant’s Website Suggested It Was

by Ryan J. Sheehan and Lewis V. Popovski on September 24, 2020

On September 18, 2020, U.S. District Court Judge Jesse M. Furman ruled that an employee’s apartment in the jurisdiction did not constitute a place of business of Defendant Safety Vision even though Safety Vision’s website suggested that it was.

Judge Ramos Finds “Bad Faith” Enforcement of a Patent is Not Patent Misuse

by Ryan J. Sheehan and Lewis V. Popovski on March 26, 2020

On March 23, 2020, U.S. District Court Judge Edgardo Ramos granted a motion to dismiss counterclaims and strike affirmative defenses because they were not plausible and did not meet the heightened pleading requirements of Fed. R. Civ. P. 9(b).

Judge Oetken Clarifies the Evidentiary Proof Needed for a Preliminary Injunction

by Ryan J. Sheehan and Lewis V. Popovski on October 4, 2019

On September 11, 2019, Judge J. Paul Oetken issued an order illustrating key factors a patentee is required to prove in order to obtain an injunction barring sales of a defendant’s allegedly infringing products pending the conclusion of the litigation.

Judge Hall Holds an Answer Waived Privilege by Selectively Pleading Protected Communications

by Ryan J. Sheehan and Lewis V. Popovski on October 3, 2019

On September 19, 2019, U.S. District Judge LaShann DeArcy Hall denied an appeal by the defendant in a litigation to correct the inventorship of patents of rulings by Magistrate Judges Gary R. Brown and Peggy Kuo that the defendant had waived the attorney-client privilege as to certain disputed communications.

Judge Woods Construes Claims in View of Patents Incorporated by Reference in the Specification

by Ryan J. Sheehan and Lewis V. Popovski on August 6, 2019

On July 29, 2019, Judge Gregory Woods illustrated how subject matter that is incorporated by reference in the specification can impact the scope of the claims in claim construction.

Ryan J. Sheehan, Associate