Introduction The modern security ecosystem is diverse and ever-changing, a place where cyber risk is top of mind for leaders at all levels, and threats to information / data security and privacy evolve at the speed of the technical innovations driving progress. Within this dynamic ecosystem, we are increasingly connected across the globe, where organizations […]
The U.S. Supreme Court Rules on Case Concerning the Standard for Enablement
On May 18, 2023, the U.S. Supreme Court issued a unanimous opinion in the case of Amgen Inc. v. Sanofi and Aventisub LLC (Docket No. 21-757), holding that two U.S. patents owned by Amgen failed to satisfy the enablement requirement of 35 U.S.C. §112(a). The Court’s ruling upheld the opinion of the Federal Circuit. U.S. […]
The U.S. Supreme Court Hears Oral Argument Concerning the Standard for Enablement
On March 27, 2023 the U.S. Supreme Court heard oral arguments in Amgen Inc. v. Sanofi and Aventisub LLC (Docket No. 21-757), a patent dispute originally filed by Amgen in late 2014. Amgen contends that Sanofi and Aventisub’s biologic, Praluent®, infringes seven U.S. patents, including U.S. Patent Nos. 8,829,165 (“the ‘165 Patent”) and 8,859,741 (“the […]
Monetary Recovery for Trade Secret Misappropriation
Importance of Evaluating Defendant’s R&D Acceleration and Related Cost Savings More than six years have passed since President Obama signed into law the Defend Trade Secrets Act (“DTSA”) in May 2016. Since then, Federal trade secret actions have been on the rise, with an average of nearly 160 new DTSA cases filed each quarter since […]
Extraterritorial Application of the Defend Trade Secrets Act
Trade secrets are a valuable form of IP which need to be protected. In 2019, the FBI reported that the annual cost to the US economy of counterfeit goods, pirated software, and theft of trade secrets is between $225 and $600 billion. To further the protection of U.S. trade secrets, President Obama signed into law […]
The Illinois IP Alliance Sponsors Discussion with Mr. Damiano Porcari, Mid-West Regional Director of the USPTO
The Illinois Intellectual Property Alliance (“ILIPA”) is a newly formed coalition that serves as a connecting hub for local and regional organizations and individuals to facilitate the creation, protection, and enablement of IP for the economic and social well-being of Illinois citizens. I recently attended the ILIPA-sponsored discussion with USPTO Regional Director Damiano Porcari, who […]
Ocean Tomo Serves as Economic Expert in Nation’s Two Largest Patent Damage Awards
Ocean Tomo CEO, James E. Malackowski served as economic expert in Centripetal $2.6 Billion to $3.2 Billion network security patent infringement award eclipsing previous record of Idenix $2.54 Billion verdict where Ocean Tomo co-founder Andrew W. Carter served as patent damages expert. On Monday the Honorable Henry Coke Morgan, Jr. Senior United States District Judge […]
An Example of a Plaintiff’s Damages Dilemma
An Arbitration Tribunal of the International Centre for Dispute Resolution recently rejected a counter-claimant’s request for $219 million for an alleged breach of contract due, in part, to inconsistencies within its damages claim. Nomir Medical Technologies, Inc. (“Nomir”) contracted with Selex Galileo, Inc. (“Selex”) in 2014 to have Selex develop and conduct human testing of […]