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Edwards v. Meril at the Supreme Court: Testing the Scope of Hatch-Waxman’s Safe Harbor

On October 11, 2024, Edwards filed a petition for a writ of certiorari with the U.S. Supreme Court. The question presented, as framed by Edwards, is: “Whether, under Hatch-Waxman’s safe harbor, an infringing act is “solely...more

"Improper” Listing of Patents in the FDA’s Orange Book

As we previously discussed, on November 7, 2023, the Federal Trade Commission (“FTC”) sent warning letters to certain drug manufacturers regarding their purportedly improper listings of device patents in the Food and Drug...more

Antitrust Lawsuit Brought Against Drug Manufacturer Based on Its Allegedly Improper Listing of Device Patents in the FDA’s Orange...

As we recently discussed, the Federal Trade Commission (“FTC”) sent warning letters to certain drug manufacturers regarding their purportedly improper listing of device patents in the Food and Drug Administration’s (“FDA”)...more

Shire v. Blackburn: Drawing the Line Between FDA Drug Labeling Regulations and State Law on Product Liability

On June 2, 2023, drug manufacturer Shire US Inc. and related entity Shire LLC (collectively, “Shire”) asked the Supreme Court to review an Eleventh Circuit ruling involving the interplay between state tort law and FDA...more

Teva v. GSK: The “Skinny” Label Case Pending Before the Supreme Court

On March 29, 2023, the Solicitor General of the United States asked the Supreme Court to review a Federal Circuit judgment in a Hatch-Waxman case between Teva and GSK. In its decision below, the Federal Circuit held that Teva...more

Defeating the Duo: Jumping to Alice Step Two

COSMOKEY SOLUTIONS GMBH & CO. KG V. DUO SECURITY LLC - Before O’Malley, Reyna, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Patent claims directed to...more

Judge Allows Facebook to Settle Facial Scanning Suit for $650 Million

On February 26, 2021, Judge James Donato of the U.S. District Court for the Northern District of California granted final approval of a proposed $650 million settlement in a biometric privacy class action lawsuit brought...more

No Kitchen Confusion: When Comparing Marks, the Trademark Board Can Give Less Weight to Shared Terms if the Terms Are Suggestive...

QUIKTRIP WEST, INC. V. WEIGEL STORES, INC. Before Lourie, O’Malley, and Reyna. Appeal from the Trademark Trial and Appeal Board. Summary: When comparing marks under the Dupont factors, the Board may give less weight to...more

Data Breach: No Injury-in-Fact, Case Dismissed

It well known that there are, unfortunately, many data breaches that frequently put private citizens’ data privacy in jeopardy. States have passed a variety of statutes aimed at addressing this problem in an attempt to...more

Criminal Enforcement Against Data Breaches Under the Computer Fraud and Abuse Act

On April 20, 2020, the U.S. Supreme Court granted writ of certiorari in Van Buren v. United States to consider whether a person who is authorized to access information on a computer for certain purposes violates Section...more

Imaginary Slice of Accused Product Failed to Satisfy Structural Claim Limitation

NEVILLE v. FOUNDATION CONSTRUCTORS, INC. Before Lourie, O’Malley, and Chen. Appeal from the United States District Court for the Central District of California. Summary: The Federal Circuit affirmed a construction of...more

Non-Infringement Need Not Be “Actually Litigated” to Shield Accused Products From Infringement Liability in Subsequent Actions

In Re Personal Web Technologies LLC - Before Wallach, Bryson, and Taranto. Appeal from the United States District Court for the Northern District of California. Summary: The Kessler doctrine is not limited to cases...more

Do Not Bank on a Bank Not Being a “Person” Under the AIA

BOZEMAN FINANCIAL LLC V. FEDERAL RESERVE BANK - Before Lourie, Dyk, and Moore. Appeal from the Patent Trial and Appeal Board. Summary: Banks that are members of the Federal Reserve System but are operationally distinct...more

Non-Prior Art Evidence May Be Used to Prove Inherency

HOSPIRA, INC. V. FRESENIUS KABI USA, LLC - Before Lourie, Dyk, and Moore.  Appeal from the U.S. District Court for the Northern District of Illinois. Summary:  Evidence of the properties of claimed embodiments may be...more

Terms of Degree with Objective Boundaries Are Not Indefinite

GUANGDONG ALISON HI-TECH CO. V. ITC - Before Wallach, Hughes, and Stoll. Appeal from United States International Trade Commission. Summary: A term of degree is not indefinite so long as the written description provides...more

Metadata of conception documents could help independently corroborate inventor testimony of prior conception

KOLCRAFT ENTERPRISES, INC. V. GRACO CHILDREN’S PRODUCTS, INC. Before Moore, Reyna, and Chen. Appeals from the Patent Trial and Appeal Board. Summary: Inventor testimony of prior conception must be independently...more

Trademark Decisions Rendered by the International Trade Commission Do Not Have Preclusive Effect

SWAGWAY, LLC V. ITC - Before Dyk, Mayer, and Clevenger. Appeal from the International Trade Commission. Summary: Trademark decisions of the International Trade Commission, like the Commission’s patent decisions, do not...more

The Supreme Court Holds that Non-Public Sales May Trigger the On Sale Bar Under the America Invents Act

On Tuesday, January 22, 2019, the U.S. Supreme Court held in a unanimous decision that, even where the details of the invention are kept confidential, a commercial sale may place the invention “on sale” under the Leahy-Smith...more

Yeda Research And Development Co., Ltd. v. Mylan Pharmaceuticals Inc. & Teva Pharmaceuticals USA, Inc. v. Sandoz Inc.

Federal Circuit Summary - Before Judges Reyna, Bryson, and Stoll. Appeals from the Patent Trial and Appeal Board and the United States District Court for the District of Delaware. Summary: Non-prior art evidence may...more

Endo Pharmaceuticals Solutions v. Custopharm Inc.

Federal Circuit Summary - Before Moore, Linn, and Chen. Appeal from the United States District Court for the District of Delaware. Summary: A prior art reference does not inherently disclose the elements of a claim...more

Dell Inc. v. Acceleron, LLC

Federal Circuit Summaries - Before Moore, Reyna, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: A party in an inter partes review proceeding may not present new evidence or arguments at oral...more

Jury’s Award for Patent Infringement Increased to 3 Million for Infringing Window Blinds Components

Patent Judgments & Awards - On February 8, 2018, Judge Andrew Guilford of the District Court for Central District of California increased a jury award against Custom Blinds and Components Inc. (“CBC”) for patent...more

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