SDNY Patent Litigation Update: Vol. 1, No. 9

The New York patent litigation attorneys at Robins Kaplan LLP track the SDNY docket so you don't have to.

In this issue of the SDNY Patent Litigation Update, we provide information on New York, the nation’s fashion capital, and present two cases about women’s clothing: Runberg v. McDermott, Will & Emery which alleges malpractice in drafting claims to a push up bra insert, and Times Three Clothier v. Spanx, which illustrates how to (and how not to) draft infringement contentions. The SDNY Patent Litigation Update discusses these cases, Judge Griesa’s low opinion of the applicability of patent prosection bars to PTAB procedures, and more.
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Significant Decisions/Court Orders 5 More >

Runberg, Inc. d/b/a Zephyrs v. McDermott, Will & Emery LLP, et al.
Case Number: 652543/2014
Date: August 18, 2014
Document (Dkt. 1)

Complaint Alleges Malpractice in Claims Drafted for Push Up Bra Inserts.
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Times Three Clothier, LLC v. Spanx, Inc.
Case Number: 1:13-cv-02157
Date: August 20, 2014
Document (Dkt. 70)

Third time’s a charm – infringement contentions not stricken. More >

Endo Pharmaceuticals Inc. et al. v. Teva Pharmaceuticals USA, Inc. et al.
Case Number: 1:12-cv-08060
Date: August 13, 2014
Document (Dkt. 77)

Judge Griesa finds a patent prosecution bar does not preclude litigation counsel from assisting in an IPR, and would have reached the same conclusion even if the protective order explicitly barred such assistance.
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 Complaints 2 More >

Date Filed

Case Number 



Patent Number(s)

Accused Product(s)

8/11/2014 1:14-cv-06373-GHW Pfizer Inc.; Wyeth LLC; Wyeth Pharma-ceuticals Inc.; PF Prism C.V. IntelliPharmaceutics International Inc.;
IntelliPharmaceutics Corporation; IntelliPharmaceutics



O-desmethyl-venlafaxine succinate extended release tablets in 50 and 100 mg dosage strengths (generic versions of Pristiq®)

8/15/2014 1:14-cv-06572-UA Edwin Lyda

CBS Corporation;
CBS Interactive, Inc.


Use of texting via cell phones in the Big Brother television series

8/18/2014 1:14-cv-06586-JPO Smart Destinations, Inc.

Travel Fun Card LLC;
iVenture Fun Card Asia Ltd.


Smart-card based attraction passes, e.g., Las Vegas Power Pass and Honolulu Power Pass

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