25 Jul, 2024 FTC’s Noncompete Ban Survives Preliminary Challenge in Pennsylvania Federal Court By Craig Minerva Tomasz Mielniczuk On July 23, 2024, the District Court for the Eastern District of Pennsylvania denied a request for a preliminary injunction to stay the...
18 Jul, 2024 WIPO Publishes Patent Landscape Report on GenAI By Ramya Auroprem On July 3, 2024, the World Intellectual Property Organization (WIPO) published a Patent Landscape Report on Generative Artificial...
17 Jul, 2024 FRCP 45 Does Not Apply to the Court’s Lit-Funding Orders That Were Reasonable and Within the Court’s Inherent Authority By Don Wang Pan Lee Ramya Auroprem Eric Krause Jeannine Sano +2 more... Show less On July 16, 2024, the Federal Circuit affirmed both the sua sponte order issued by the District of Delaware requiring Lori LaPray, the...
16 Jul, 2024 A is for Alice, and 2A is for AI: Request for Comments on the New Guidance Update on Subject Matter Eligibility From the USPTO By Don Wang Ramya Auroprem Pan Lee Eric Krause Jeannine Sano +2 more... Show less The 2024 Guidance Update on patent subject matter eligibility applicable to AI inventions, which will be incorporated into the MPEP “in...
15 Jul, 2024 New Tech, Old Theories: The DOJ Antitrust Division's Workshop on Artificial Intelligence By Andrew Freeborn Overview On May 30, 2024, the DOJ’s Antitrust Division hosted a workshop for global antitrust authorities, academics, financiers, and...
15 Jul, 2024 Has the Scrutiny Reached a Fever Pitch? Taking the Temperature of Private Equity in Healthcare: A Podcast Episode with Managing Partner Jeny Maier By Axinn Insights In this episode of Our Curious Amalgam podcast, Managing Partner Jeny Maier and co-host Jaclyn Phillips discuss with antitrust attorney...
11 Jul, 2024 Federal Circuit Provides Useful Guidance on Skinny Label Claims By Aziz Burgy Aaron Savit When the Federal Circuit resurrected Amarin’s “skinny label” infringement claims against Hikma last month, it offered some important...
08 Jul, 2024 Court Temporarily Halts FTC Proposed Rule on Non-Competes By Kail Jethmalani Dan Oakes The FTC’s recent rule largely rendering employment-related non-compete covenants unenforceable has hit a roadblock—at least with respect...
28 Jun, 2024 ABA International Cartel Workshop: U.S. Enforcement Takeaways By Dan Oakes The 2024 ABA/IBA International Cartel Workshop in Barcelona, Spain just wrapped up after three days full of demonstrations around a...
28 Jun, 2024 The Floodgates Have Opened: Supreme Court Scuttles Chevron, Brings New Uncertainty to Regulated Industries By Aaron Savit Ian Swan For forty years, Chevron has put a thumb on the scales in favor of the executive agencies whenever their decisions were challenged in...
28 Jun, 2024 In SEC v. Jarkesy, Supreme Court Leaves Open Constitutional Challenges Related to FTC Structure and Process By Craig Minerva Conner Dwinell In a much-watched case concerning the administrative state, on June 27, the Supreme Court decided in SEC v. Jarkesy that defendants...
24 Jun, 2024 Gambling with Alice? Look Out for These Abstract Idea Indicators By Don Wang Jeannine Sano As further guidance on how to determine whether a patent claim is directed to an ineligible abstract idea under the Alice Two-Step Test,...
20 Jun, 2024 Did the Supreme Court Just Make It Harder for the FTC to Block Mergers? By Russell Steinthal For most litigated mergers, the preliminary injunction hearing is decisive: if the FTC or DOJ obtains a preliminary injunction, parties...
20 Jun, 2024 Hospital Deal Collapses When Fourth Circuit Agrees to Injunction Pending Review of FTC Loss — Key Issue Left Unresolved By Rick Dagen The FTC lost its challenge to Novant's acquisition of two hospitals owned by Community Health Systems ("CHS") but obtained an injunction...
11 Jun, 2024 Court Orders Patents Delisted from Orange Book: Is FTC's Newly Aggressive Posture Having an Impact? By Ross Blau Over the past year, FTC has placed two sets of Orange Book listings in its crosshairs, but, to date, FTC has not actually begun any...
06 Jun, 2024 Federal Circuit Revamps Obviousness Test for Design Patents By Ian Swan In its recent en banc decision issued in LQK v. GM Global, the Federal Circuit overruled the Rosen-Durling test for design patent...
21 May, 2024 Rethinking Interchangeability, Top Cases, and Battling Misinformation at FDLI’s Annual Conference By Aaron Savit Ian Swan Last week, the Food and Drug Law Institute held its Annual Conference while also celebrating its 75th anniversary. There, members of FDA...