Jason Weil

Jan 20, 2025 | jdsupra.com | Rubén Muñoz |Jason Weil

[co-author: Shivani Prakash]The District of Arizona recently held that a plaintiff’s failure to mark patented products during the time period that marking was required barred it from recovering all pre-notice damages, including for a period of time when there was no obligation to mark.

Aug 13, 2024 | lexology.com | Jason Weil |Rachel Elsby

In a case it described as “‘a prime example’ of when ODP does not apply,” the Federal Circuit recently reversed a decision from the District of Delaware that invalidated a claim for obviousness-type double patenting (ODP), holding that a first-filed, first-issued, later-expiring claim cannot be invalidated for ODP based on a later-filed, later-issued, but earlier-expiring claim from the same family.

Aug 13, 2024 | akingump.com | Jason Weil |Rachel Elsby

By: Jason Weil, Rachel J. ElsbyIn a case it described as “‘a prime example’ of when ODP does not apply,” the Federal Circuit recently reversed a decision from the District of Delaware that invalidated a claim for obviousness-type double patenting (ODP), holding that a first-filed, first-issued, later-expiring claim cannot be invalidated for ODP based on a later-filed, later-issued, but earlier-expiring claim from the same family.

Jun 28, 2024 | mondaq.com | Rachel Elsby |Jason Weil

The Federal Circuit reversed a decision from the District of Delaware dismissing a case for failing to plead induced infringement because the totality of the evidence raised fact questions that could not be resolved on a motion to dismiss. The Federal Circuit expressed doubts about whether appellee's FDA-approved label alone, which carved out the claimed indication, was sufficient to actively induce.

Jun 26, 2024 | jdsupra.com | Rachel Elsby |Jason Weil

The Federal Circuit reversed a decision from the District of Delaware dismissing a case for failing to plead induced infringement because the totality of the evidence raised fact questions that could not be resolved on a motion to dismiss. The Federal Circuit expressed doubts about whether appellee’s FDA-approved label alone, which carved out the claimed indication, was sufficient to actively induce.