Author Info for Haug Partners LLP

Michael Barer

Supreme Court Upholds Validity of Names Clause in Trump Too Small Decision

Referred to as the “names clause”, the Lanham Act prohibits registration of a mark that consists of or comprises a name that identifies a particular living individual without written consent.1 This includes full names, surnames,… more

Constitutional Challenges, First Amendment, Lanham Act, SCOTUS, Trademark Registration

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Mark Basanta

Enabling AI-Assisted Inventions and the Black-Box Problem

Earlier this year, the U.S. Patent Office issued its Inventorship Guidance for AI-Assisted Inventions.The main takeaway is that “[w]hile AI systems . . . cannot be listed as inventors on patent applications,” the “use of an AI… more

Algorithms, Artificial Intelligence, Inventors, Investors, Patents

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Ali Berkin, Ph.D.

United Therapeutics Corporation Certiorari Petition Denied, Creates a Lose-Lose Situation

On Monday, October 7, 2024, the U.S. Supreme Court (“SCOTUS”) denied United Therapeutics Corporation (“UTC”) petition for certiorari clearing the way for Liquidia Corporation (“Liquidia”) to launch its Yutrpia® drug product… more

Abbreviated New Drug Application (ANDA), Denial of Certiorari, Food and Drug Administration (FDA), Patent Litigation, Patent Trial and Appeal Board

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Annie Bolton

The Application of Generic Machine Learning to New Data Environments Requires “Something More” to be Patent Eligible

On April 18, 2025, the Federal Circuit issued an opinion in Recentive Analytics, Inc. v. Fox Corp. addressing for the first time whether patents that claim no more than the application of generic machine learning to a new data… more

Algorithms, Alice/Mayo, Appeals, Artificial Intelligence, Innovative Technology

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Mike Brockmeyer

Second Circuit Affirms Dismissal of Bystolic Pharmaceutical Antitrust Class Actions, Holding Plaintiffs Must Plead Facts Showing a Reverse Payment Settlement Is Unjustified

On Monday, May 13, 2024, the U.S. Court of Appeals for the Second Circuit affirmed Judge Lewis Liman’s decision dismissing Plaintiffs’ reverse payment class actions for failure to state a claim. In re Bystolic Antitrust Litig.,… more

Antitrust Provisions, Class Action, Dismissals, Federal Trade Commission (FTC), Licensing Rules

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Mark Chapman

Federal Circuit Addresses Two Key Requirements of On-Sale Bar of Pre-AIA Section 102(b)

The Federal Circuit’s recent precedential decision in Crown Packaging Technology Inc. v. Belvac Production Machinery, Inc. is noteworthy because it discusses two key requirements of the on-sale bar prong of pre-AIA section… more

America Invents Act, Appeals, Intellectual Property Litigation, Jurisdiction, Patent Invalidity

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Sally Cohen

TTAB Decision Highlights The Importance of Accurately Describing Goods and Services In Trademark Applications

Recently, the Trademark Trial and Appeal Board (the “TTAB”) affirmed the decision to cancel Registration Nos. 5,376,467 and 5,376,466, for the marks SMARTLOCK and SMARTLOCK with design (the “Smartlock Marks”), in the name of… more

Goods or Services, Intellectual Property Protection, Trademark Application, Trademark Registration, Trademark Trial and Appeal Board

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Robert Colletti

The PTAB’s Overhaul of Its Discretionary Denial Procedures Signals a Pro-Patent Pivot

Since Acting USPTO Director Coke Morgan Stewart took office in 2025, the Patent Trial and Appeal Board (PTAB) has overhauled its discretionary denial procedures for inter partes reviews (IPRs) and post-grant reviews (PGRs)… more

Administrative Procedure Act, Inter Partes Review (IPR) Proceeding, Judicial Authority, New Guidance, Patent Litigation

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Joshua Farinas

Warner Chappell Music, Inc. v. Nealy: Plaintiffs Can Recover Damages for Timely Claims of Copyright Infringement Dating Back More Than Three Years Before Filing Suit

On May 9, 2024, the Supreme Court in Warner Chappell, Music Inc. v. Nealy settled a longstanding circuit split and ruled 6-3 that the Copyright Act entitles a copyright owner to recover damages for any timely claim, no matter… more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership, Intellectual Property Protection

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Kaitlin Farrell

Purdue v. Collegium: Upholding the Board’s Authority to Issue a Final Written Decision Even After the Statutory Deadline Has Passed

On November 21, 2023, the Federal Circuit in Purdue Pharma L.P et al. v. Collegium Pharm., Inc. (i) affirmed that the Patent Trial and Appeal Board (“Board”) has authority to issue a Final Written Decision after the statutory… more

Failure to Comply, Final Written Decisions, Mandamus Petitions, Patent Litigation, Patent Trial and Appeal Board

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Thomas Feil

The PTAB’s Overhaul of Its Discretionary Denial Procedures Signals a Pro-Patent Pivot

Since Acting USPTO Director Coke Morgan Stewart took office in 2025, the Patent Trial and Appeal Board (PTAB) has overhauled its discretionary denial procedures for inter partes reviews (IPRs) and post-grant reviews (PGRs)… more

Administrative Procedure Act, Inter Partes Review (IPR) Proceeding, Judicial Authority, New Guidance, Patent Litigation

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Porter Fleming

Haug Partners Successfully Defends Takeda's Vyvanse® Patents Before the Federal Circuit

Today the Federal Circuit affirmed the December 27, 2022 judgement issued by Judge Stanley R. Chesler of the District of New Jersey in favor of Takeda Pharmaceuticals, protecting Takeda’s patented Vyvanse® product from generic… more

Abbreviated New Drug Application (ANDA), Patent Infringement, Patent Litigation, Patents, Pharmaceutical Industry

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Jon Gordon

Patenting the Blockchain with PLI

PLI is set to host its highly anticipated Patenting Blockchain and Distributed Ledger Technologies 2023 conference on Monday, December 4 from 9am-1230pm. This marks the fifth year of this popular and successful program… more

Blockchain, Business Strategies, Cryptocurrency, Distributed Ledger Technology (DLT), In-House Perspective

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Christopher Gosselin

Haug Partners Secures Victory Before the PTAB for Sartorius BioAnalytical Instruments, Inc.

On June 20, 2023, the Patent Trial and Appeal Board issued a decision in favor of Haug Partners client Sartorius BioAnalytical Instruments, Inc. (Gator Bio, Inc. v. Sartorius BioAnalytical Instruments, Inc., IPR2023-00215… more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Prosecution, Patent Trial and Appeal Board, Patents

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Trenton Hatherill

In CRISPR Patent Dispute, the Federal Circuit Clarifies the Conception and Written Description Standards

On May 12, 2025, the Federal Circuit issued a decision in Regents of the Univ. of California v. Broad Inst., Inc.1 concerning the ongoing priority dispute relating to competing inventor groups for the CRISPR-Cas9 eukaryotic gene… more

Appeals, Biotechnology, CAFC, CRISPR, Intellectual Property Litigation

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Ed Haug

Haug Partners Successfully Defends Takeda's Vyvanse® Patents Before the Federal Circuit

Today the Federal Circuit affirmed the December 27, 2022 judgement issued by Judge Stanley R. Chesler of the District of New Jersey in favor of Takeda Pharmaceuticals, protecting Takeda’s patented Vyvanse® product from generic… more

Abbreviated New Drug Application (ANDA), Patent Infringement, Patent Litigation, Patents, Pharmaceutical Industry

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Jonathan Herstoff

STUDying Investments Patent-by-Patent: Zircon, Corp. v. International Trade Commission

The U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued its most recent precedential decision on satisfying the economic prong of the domestic industry requirement at the International Trade Commission in Zircon Corp… more

Administrative Law Judge (ALJ), Appeals, CAFC, International Trade Commission (ITC), Patent Infringement

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Matthew Kelly

Federal Circuit Provides Further Guidance on Obvious Type Double Patenting For Patents Sharing Common Priority

On June 9th, 2025, the Federal Circuit issued a decision in Acadia Pharms. Inc. v. Aurobindo Pharma Ltd., affirming the district court’s grant of summary judgment of no invalidity for obviousness-type double patenting (OTDP)… more

Abbreviated New Drug Application (ANDA), Appeals, CAFC, Generic Drugs, Hatch-Waxman

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Rich Kurz

Specificity Required for Trade Secret Protection under the DTSA: An Attempt to Protect “Confidential Information” Dooms Preliminary Injunction in Insulet v. EOFlow

On June 17, 2024, the Federal Circuit issued a precedential opinion reversing a preliminary injunction imposed in a trade secret case, explaining that the district court abused its discretion by, inter alia, failing to fully… more

Confidential Information, Defend Trade Secrets Act (DTSA), Intellectual Property Litigation, Intellectual Property Protection, Misappropriation

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Ralph Labaton

Second Circuit Affirms Dismissal of Bystolic Pharmaceutical Antitrust Class Actions, Holding Plaintiffs Must Plead Facts Showing a Reverse Payment Settlement Is Unjustified

On Monday, May 13, 2024, the U.S. Court of Appeals for the Second Circuit affirmed Judge Lewis Liman’s decision dismissing Plaintiffs’ reverse payment class actions for failure to state a claim. In re Bystolic Antitrust Litig.,… more

Antitrust Provisions, Class Action, Dismissals, Federal Trade Commission (FTC), Licensing Rules

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Wan Chieh (Jenny) Lee

Federal Circuit Provides Further Guidance on Obvious Type Double Patenting For Patents Sharing Common Priority

On June 9th, 2025, the Federal Circuit issued a decision in Acadia Pharms. Inc. v. Aurobindo Pharma Ltd., affirming the district court’s grant of summary judgment of no invalidity for obviousness-type double patenting (OTDP)… more

Abbreviated New Drug Application (ANDA), Appeals, CAFC, Generic Drugs, Hatch-Waxman

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Daniel Lichtenauer

Federal Circuit Clarifies Safe Harbor from Injunctive Relief in Jazz v. Avadel

On May 6, 2025, the U.S. Court of Appeals for the Federal Circuit refined the boundaries of injunctive relief under the Hatch-Waxman Act in its precedential opinion in Jazz Pharms., Inc. v. Avadel CNS Pharms. The decision… more

35 U.S.C. § 271(e)(1), Appeals, FDA Approval, Hatch-Waxman, Injunctive Relief

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Anna Lukacher

Federal Circuit Affirms Presumption of Separateness in Regeneron Pharmaceuticals, Inc. v. Mylan Pharmaceuticals Inc. et al., C.A. No. 24-2351 (Fed. Cir. Mar. 14, 2025)

In a formulation claim, if elements are listed separately, does this necessarily entail that those elements are “separate and distinct components”? This was the question before the district court in Regeneron Pharmaceuticals,… more

Amgen, Appeals, Biosimilars, CAFC, Claim Construction

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Jacqueline Marino

Excited To Align With LA28? Not So Fast, Says Court

On July 19, 2024, the United States Olympic & Paralympic Committee (“USOPC”) filed a complaint against performance sports beverage company Prime Hydration, LLC (“Prime Hydration” or “Prime”) in the United States District Court… more

Advertising, Intellectual Property Protection, Marketing, Popular, Trademark Infringement

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Matthew McNatt, Ph.D.

Vaccine Design Will Likely Determine the Success of Each COVID-19 Vaccine

This article provides a basic overview of the immune system and how its successful engagement is necessary to produce a commercial vaccine, with a specific focus on the SARS-CoV-2 virus that causes the COVID-19 disease and the… more

Bioengineering, Biotechnology, Coronavirus/COVID-19, DNA, Genetic Materials

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Sheila Mortazavi

Warner Chappell Music, Inc. v. Nealy: Plaintiffs Can Recover Damages for Timely Claims of Copyright Infringement Dating Back More Than Three Years Before Filing Suit

On May 9, 2024, the Supreme Court in Warner Chappell, Music Inc. v. Nealy settled a longstanding circuit split and ruled 6-3 that the Copyright Act entitles a copyright owner to recover damages for any timely claim, no matter… more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership, Intellectual Property Protection

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Ben Natter

2025 USPTO Trademark Fee Increases/Changes

Effective January 18, 2025, the USPTO will increase government fees for certain trademark and service mark related filings and requests. Fee changes relating to the Madrid Protocol designations at the USPTO and for renewals of… more

Fees, Goods or Services, Madrid Protocol, Surcharges, Trademark Application

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Jennifer Patterson

Regeneron Pharmaceuticals, Inc. v. Amgen Inc.: Jury Finds Rebate Offers on Bundled Drugs in Exchange for Exclusive Formulary Placement Violate Antitrust Laws

On May 15, 2025, a federal jury in Delaware district court determined that Defendant Amgen Inc. (“Amgen”) violated antitrust and tort laws, and awarded $406.8 million in damages to Plaintiff Regeneron Pharmaceuticals, Inc… more

Antitrust Litigation, Antitrust Violations, Competition, Damages, Drug Pricing

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Georg Reitboeck

A U.S. View on the UPC – Part 8: Challenging the Validity of a Patent

On June 1, 2023, the new European Unified Patent Court (UPC) opened its doors, and enforcement of European patents in (currently) 17 contract member states is now possible with one action. This series of articles – directed at… more

Counterclaims, Declaratory Judgments, Enforcement, Inter Partes Review (IPR) Proceeding, Patent Infringement

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Andrew Roper

In CRISPR Patent Dispute, the Federal Circuit Clarifies the Conception and Written Description Standards

On May 12, 2025, the Federal Circuit issued a decision in Regents of the Univ. of California v. Broad Inst., Inc.1 concerning the ongoing priority dispute relating to competing inventor groups for the CRISPR-Cas9 eukaryotic gene… more

Appeals, Biotechnology, CAFC, CRISPR, Intellectual Property Litigation

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Malorie Ruggeri

License to Exclude? Federal Circuit Emphasizes Need for Reliability of Patent Damages Experts in EcoFactor Inc. v. Google LLC

On May 21, 2025, in an en banc decision, the U.S. Court of Appeals for the Federal Circuit vacated its earlier panel ruling and remanded the case of EcoFactor Inc. v. Google LLC for further proceedings. The court focused on the… more

Appeals, Contract Interpretation, Damages, En Banc Review, Expert Testimony

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David Shotlander

Bayer “Fleas” New Antitrust Trial – Jury’s Rejection of Flea and Tick Medication Market Upheld

On January 21, a Northern District of California Court denied Plaintiff Tevra Brands LLC’s (“Tevra’s”) Motion for a New Trial, after a Jury found that Defendant Bayer Healthcare LLC (“Bayer”) did not monopolize the relevant… more

Antitrust Litigation, Antitrust Provisions, Competition, Damages, Department of Justice (DOJ)

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Conrad Stumpf

Defend & Deduct: How the Federal Circuit's Actavis Decision Changes Tax Implications for ANDA Filers

In Actavis Labs. FL, Inc. v. U.S. (“Actavis”), a recent precedential decision, the Federal Circuit answered an important practical question regarding the interplay between the Hatch-Waxman Act and the Internal Revenue Code: are… more

Abbreviated New Drug Application (ANDA), FDA Approval, Hatch-Waxman, Intellectual Property Litigation, Internal Revenue Code (IRC)

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Camille Turner

Defend & Deduct: How the Federal Circuit's Actavis Decision Changes Tax Implications for ANDA Filers

In Actavis Labs. FL, Inc. v. U.S. (“Actavis”), a recent precedential decision, the Federal Circuit answered an important practical question regarding the interplay between the Hatch-Waxman Act and the Internal Revenue Code: are… more

Abbreviated New Drug Application (ANDA), FDA Approval, Hatch-Waxman, Intellectual Property Litigation, Internal Revenue Code (IRC)

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Juan Villazón

Chanel v. The RealReal

Chanel, the renowned French luxury brand, has historically exercised immense control over the distribution of its products, which has led to its concerns about The RealReal advertising itself as a secondhand retailer of… more

False Advertising, False Endorsements, Lanham Act, Luxury Goods, Trademark Infringement

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Andrew Wasson

Amazon Won-Oh-Won Its Patent Challenge Against Broadband

On September 3, 2024, the Federal Circuit issued a precedential decision affirming a district court decision where claims relating to “video-on-demand” systems did not constitute patentable subject matter because the claims… more

Alice/Mayo, Amazon, Broadband, Motion to Dismiss, Patent Act

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