News & Analysis as of

Intellectual Property Protection Patent Infringement

Amundsen Davis LLC

Preserving Patent Rights: Impact of Public Use on Patenting

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For a business planning to market a product that incorporates an invention, having an enforceable patent to protect the invention is often desirable. Two recent federal circuit cases reiterate what many patent holders and...more

Jones Day

The Federal Circuit Expands Scope of Domestic Industry Requirement in Lashify

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In Lashify v. ITC, the Federal Circuit held that the economic prong of the domestic industry requirement, which is a precondition for obtaining International Trade Commission Section 337 relief, can be satisfied with...more

Quarles & Brady LLP

Federal Circuit Rules Sales and Marketing Expenses for Foreign-Made Products May Satisfy ITC Domestic Industry Requirement

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In a precedential decision issued on March 5, the Federal Circuit held that the International Trade Commission (“ITC”) must consider various domestic expenditures related to foreign-made products in determining whether the...more

Jones Day

PTAB Retains Jurisdiction Of Expired Patents

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The Federal Circuit rejected a recent argument that the PTAB does not have inter partes review (IPR) jurisdiction over expired patents. Because even expired patents involve the grant of public rights, the court explained that...more

Venable LLP

Spotlight On: Humira® (adalimumab) / Amjevita™ (adalimumab-atto) / Cyltezo® (adalimumab-adbm) / Hyrimoz™ (adalimumab-adaz) /...

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Adalimumab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple...more

Venable LLP

Spotlight On: Rituxan® (rituximab) / Truxima® (rituximab-abbs) / Ruxience® (rituximab-pvvr) / Riabni™ (rituximab-arrx) - March...

Venable LLP on

Rituximab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple...more

Venable LLP

Spotlight On: Prolia® / Xgeva® (denosumab) / Jubbonti® / Wyost (denosumab-bbdz) / Ospomyv™ / Xbryk™ (denosumab-dssb) - March 2025

Venable LLP on

Denosumab Challenged Claim Types in Litigation: Claims are counted in each litigation, so claims from the same patent challenged in multiple litigations are counted more than once. Within each litigation a claim is counted...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Section 337 Now Viable for “Mere Importers” After Federal Circuit’s Lashify Decision

For years, the U.S. International Trade Commission maintained that the potent remedies available under Section 337 were unavailable to intellectual property owners considered to be nothing more than “mere importers.” That...more

American Conference Institute (ACI)

[Event] 17th Annual Practitioners' Think Tank on ITC Litigation & Enforcement - March 31st - April 1st, Washington, DC

Examine real-world strategies for tackling the most pressing challenges in ITC practice at ACI’s 17th Annual Practitioners' Think Tank on ITC Litigation & Enforcement. Be in the same room with leading in-house counsel,...more

Wolf, Greenfield & Sacks, P.C.

Federal Circuit Removes Limits on “Qualifying” Domestic Industry Activities at the ITC

On March 5, 2025, the Federal Circuit rejected the ITC’s longstanding practice of excluding certain types of activities from qualifying as “domestic industry” activities under Section 337(a)(3)(B), finding the ITC’s approach...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: Purchase Orders and IP Licenses: Recent ITC Decision Underscores Need for Caution

A recent opinion issued by the U.S. International Trade Commission in Certain Power Converter Modules and Computing Systems Containing the Same (Inv. No. 337-TA-1370) serves as a reminder for sellers to be cautious with any...more

Smart & Biggar

Avoiding a finding of ambiguity and ensuring patent validity: the importance of a comprehensive disclosure and defining coined...

Smart & Biggar on

On June 7, 2024, the Federal Court issued its Judgment and Reasons in Tekna Plasma Systems Inc v AP&C Advanced Powders & Coatings Inc ( 2024 FC 871), finding all claims of the Defendant’s Canadian Patent No 3,003,502 (502...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: Senate Bill Seeks to Create New Skinny Label Protections

A bipartisan Senate bill dubbed the “Skinny Label, Big Savings Act” was introduced in January. The bill would expand the scope of protection afforded by section viii carve-outs, a mechanism that allows Abbreviated New Drug...more

Fish & Richardson

Recent Decisions and FTC Challenges Dictate Caution When Listing Patents in the Orange Book

Fish & Richardson on

In October 2023, Teva Pharmaceuticals filed a patent infringement lawsuit against Amneal Pharmaceuticals alleging that their generic version of Teva’s ProAir® HFA inhaler infringed upon the asserted claims of U.S. Patent Nos....more

Kilpatrick

5 Key Takeaways | Patent Damages: An Overview and What the Future May Hold

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Kilpatrick’s Andie Anderson and Kevin Bell recently presented on the topic of “Patent Damages: An Overview and What the Future May Hold” during the firm’s annual “SKI-LE” in Beaver Creek, Colorado. Andie and Kevin discussed...more

Baker Botts L.L.P.

Maximizing Patent Term in the United States: Patent Term Adjustment, Patent Term Extension, and the Evolving Law of...

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Under U.S. law, most patents are limited to a term of 20 years from the earliest nonprovisional filing date. However, Patent Term Adjustment (PTA) and Patent Term Extension (PTE) can be used in certain circumstances to gain...more

Morgan Lewis

CJEU Expands Cross-Border Patent Infringement Jurisdiction in BSH Hausgeräte v. Electrolux

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The Court of Justice of the European Union (CJEU) has delivered a landmark ruling in BSH Hausgeräte v. Electrolux that significantly expands the jurisdictional reach of EU courts in cross-border patent infringement cases. The...more

Venable LLP

Stipulated Dismissal of Gene Therapy Elevidys® Manufacturing Litigation

Venable LLP on

On February 19, 2025, Wilson Wolf Manufacturing and Sarepta’s stipulated dismissal with prejudice of Case No. 1:19-cv-02316 (D. Del.) related to the manufacturing of Elevidys® (delandistrogene moxeparvovec-rokl) was granted....more

Hudnell Law Group

Differing Burdens of Proof Limits Estoppel Effect of PTAB Final Written Decision

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On February 10, 2025, the United States Court of Appeals for the Federal Circuit issued a decision in Kroy IP Holdings, LLC v. Groupon, Inc., reversing and remanding a district court ruling that had dismissed Kroy’s patent...more

Morgan Lewis

Blockbuster Biologics Review | Issue 26

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Welcome to our quarterly update relating to biologics and biosimilars, including post-grant and patent litigation challenges to blockbuster biologics. Since the enactment of the Biologics Price Competition and Innovation Act...more

Hogan Lovells

CJEU expands possibilities for cross-border patent infringement injunctions

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On 25 February, the Court of Justice of the European Union (CJEU) issued its much-anticipated decision in BSH Hausgeräte v. Electrolux (C-339/22) on cross-border competence in patent litigation. At the heart of the dispute is...more

Jones Day

Two Separate Analyses: Nonobviousness vs Enablement

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Recently, a Director Review was granted where Director Vidal vacated the Patent Trial and Appeals Board’s (“PTAB”) Final Written Decision and remanded back to the PTAB for further consideration of enablement.  Duration Media...more

Jones Day

Speculative IPR Discovery Request Not in the Interest of Justice

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“Because Congress intended inter partes reviews to serve as a faster and more cost-effective alternative to litigating validity in district courts, discovery in inter partes reviews is limited.” See Garmin Int’l, Inc. v....more

Volpe Koenig

The Obvious Choice? Why Result-Effective Variables Matter in Patent Law

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Determining whether a claimed invention is obvious under 35 U.S.C. § 103 often depends on whether the prior art provides a clear motivation for modifying existing knowledge. Central to this analysis is the concept of a...more

Vorys, Sater, Seymour and Pease LLP

The Precedent: Federal Circuit Sidesteps Ruling on the Reverse Doctrine of Equivalents Theory in Steuben Foods Inc. v. Shibuya...

In this edition of The Precedent, we outline the decision in Steuben Foods Inc. v. Shibuya Hoppmann Corp. This case addresses whether the reverse doctrine of equivalents (RDOE) is a viable defense to patent infringement....more

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