News & Analysis as of

Intellectual Property Protection Patents

Robins Kaplan LLP

Astellas Pharma, Inc. v. Sandoz Inc. - Myrbetriq® (mirabegron)

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Case Name: Astellas Pharma, Inc. v. Sandoz Inc., Nos. 2023-2032, 2023-2063, 2023-2089, 2024 WL 4219374 (Fed. Cir. Sept. 18, 2024) (Circuit Judges Lourie, Prost, and Reyna presiding; Opinion by Lourie, J.) (Appeal from D....more

Alston & Bird

Patent Case Summaries | Week Ending October 2024

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NexStep, Inc. v. Comcast Cable Communications, LLC, Nos. 2022-1815, -2005, -2113 (Fed. Cir. (D. Del.) Oct. 24, 2024). Opinion by Chen, joined by Taranto. Opinion concurring in part and dissenting in part by Reyna....more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | October 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified...more

Hudnell Law Group

The Hidden Hurdles Of Section 101 Eligibility Determinations

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On August 6, 2024, in Mobile Acuity Ltd. v Blippar Ltd., __F.4th__; 2024 U.S. App. LEXIS 17573* (Fed. Cir. Aug. 6, 2024), the Federal Circuit upheld the Rule 12 dismissal of Mobile Acuity’s patent infringement lawsuit against...more

Akin Gump Strauss Hauer & Feld LLP

PTAB Denies Motion to Compel Discovery of Evidence from Parallel ITC Investigation Due to Lack of Inconsistency

The PTAB denied a petitioner’s motion to compel routine discovery that sought information from a parallel ITC investigation for alleged inconsistent positions taken by patent owner in the IPR. The board found that patent...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2024 #4

Telefonaktiebolaget LM Ericsson, Ericsson AB, Ericsson, Inc. v. Lenovo (United States), Inc. et. al., Appeal No. 2024-1515 (Fed. Cir. Oct. 24, 2024) In our Case of the Week, the Federal Circuit clarified that, for an...more

Jones Day

PTAB Rule Permits Solo Representation and Automatic Pro Hac Vice Admission

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On October 10, 2024, the USPTO issued a final rule allowing parties to proceed without backup counsel in AIA proceedings and implementing an automatic admission process for pro hac vice attorneys. Full text of the final rule...more

ArentFox Schiff

Global Perspective on Patenting of AI Technologies

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The rapid advancement of artificial intelligence (AI) technologies is fueling a surge in global patent filings for AI-related innovations, but differences in national patent laws and examination standards for such inventions...more

McDermott Will & Emery

No Leave, No Appeal: UPC Court of Appeal Denies Request for Discretionary Review

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The Court of Appeal (CoA) of the Unified Patent Court (UPC) ruled that if a party wishes to appeal against a procedural order, and leave to appeal has not already been granted in the order, the party must first apply to the...more

Quarles & Brady LLP

Rocket Docket: Fast Track to Examination

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While obtaining a design patent is often quicker than obtaining a utility patent, current design patent application pendency is often still a lengthy period of time. Based on data released by the USPTO in July 2024 and shown...more

Cooley LLP

Inventorship in the Age of AI

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Generative artificial intelligence (AI) has become an essential tool in the drug discovery process. Trained with input regarding target engagement and desired pharmacological properties, or prompted to identify compounds that...more

Alston & Bird

Patent Case Summaries | Week Ending October 18, 2024

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UTTO Inc. v. Metrotech Corp., No. 2023-1435 (Fed. Cir. (N.D. Cal.) Oct. 18, 2024). Opinion by Taranto, joined by Prost and Hughes. UTTO owns a patent directed to detecting and identifying underground utility lines, which the...more

Irwin IP LLP

Omitting Engineers in Design Patent Applications is Timeless 

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Apple Inc., v. Masimo Corp. et al., No. CV 22-1377, 2024 WL 4436629 (D. Del. Oct. 7, 2024) - Designing functional features on a device will not make you an inventor for design patents on the device! The District of...more

Wilson Sonsini Goodrich & Rosati

The PTAB Review - October 2024

The PTAB Review begins by exploring collateral estoppel from unpatentability determinations in inter partes review (IPR) proceedings. Next, it summarizes recent developments at the U.S. Patent and Trademark Office relevant to...more

A&O Shearman

Trial Court Determination That A Complaint Allegation Is Conclusory Is Subject To De Novo Review

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On October 8, 2024, the U.S. Court of Appeals for the Federal Circuit vacated a decision by the District of Connecticut that had dismissed AlexSam, Inc.’s patent infringement claims against Aetna, Inc. AlexSam had alleged...more

A&O Shearman

District Court Denies Regeneron’s Motion For Preliminary Injunction To Block Amgen’s Eylea Biosimilar

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On September 23, 2024, Judge Kleeh of the Northern District of West Virginia denied Regeneron Pharmaceuticals, Inc.’s (“Regeneron”) motion for a preliminary injunction against Amgen Inc. (“Amgen”) related to Amgen’s filing of...more

Orrick, Herrington & Sutcliffe LLP

Debit card patent suit revived by Federal Circuit

Recently, the U.S. Court of Appeals for the Federal Circuit affirmed in part, vacated in part and remanded a district court’s dismissal of a patent suit against a healthcare company. The plaintiff alleged that the healthcare...more

Patterson Belknap Webb & Tyler LLP

X Doesn’t Mark the Spot: Judge Halpern Denies a Motion for Summary Judgment That Alleged Failure to Comply with Marking Statute

On October 4, 2024, District Judge Philip M. Halpern (S.D.N.Y.) denied Defendant Regeneron Pharmaceuticals Inc. (“Regeneron”)’s Motion for Summary Judgment that (1) Allele was not entitled to any pre-suit infringement damages...more

Fitch, Even, Tabin & Flannery LLP

[Webinar] Navigating the Changes to the Test for Obviousness in Design Patents After LKQ Corp. v. GM Global - October 29th, 9:00...

Please join Fitch Even for a free webinar, “Navigating the Changes to the Test for Obviousness in Design Patents After LKQ Corp. v. GM Global,” on Tuesday, October 29, at 9:00 a.m. PDT / 10:00 a.m. MDT / 11:00 a.m. CDT / 12...more

Dickinson Wright

Key Takeaways from Claim Examples in the 2024 AI Patent Eligibility Guidance: A 3-Part Series

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Part 1 - On July 17, 2024, the U.S. Patent and Trademark Office (the Office) released new guidance on subject matter eligibility, entitled “The 2024 Patent Subject Matter Eligibility Guidance Update Including on Artificial...more

A&O Shearman

No shortcuts in service on foreign companies says UPC Court of Appeal

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One of the known challenges in litigation against defendants domiciled outside the EU is effecting service. In some instances, this can take a very long time, due to the formal requirements and slowness of the respective...more

McDonnell Boehnen Hulbert & Berghoff LLP

OpenAI’s patent licensing “promise” is not what it seems

Generative artificial intelligence (genAI) company OpenAI recently published its “approach to patents,” which includes what might appear to be a promise not to assert its own patents against other parties except in...more

Seyfarth Shaw LLP

USPTO Bids Farewell to AFCP 2.0: Goodbye Old Friend!

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The U.S. Patent and Trademark Office (USPTO) has officially announced that the After Final Consideration Pilot Program 2.0 (AFCP 2.0) will soon be laid to rest. In a notice dated October 1, 2024, the USPTO confirmed that the...more

Arnall Golden Gregory LLP

AGG Talks: Cross-Border Business Podcast - Episode 20: Mastering ITC Section 337 Investigations

In this episode, Mike Burke, AGG Corporate partner and co-chair of the firm’s International practice, is joined by Andrew Beverina, AGG Litigation & Dispute Resolution and Intellectual Property of counsel and former...more

Jones Day

PTO Codifies Scope of Director Review in Final Rule

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On September 30, 2024, the USPTO issued a final rule governing the process for Director Review of proceedings under the AIA. This formalized the USPTO’s interim Director Review procedures implemented by the USPTO following...more

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