27 Mar, 2024 Puma and the Pitfalls of the “Narrow” Exclusive License By Ted Mathias Matt Murphy Puma Biotechnology is the latest victim of standing requirements in patent cases that continue to wreak havoc on plaintiffs’ ability to...
24 Apr, 2024 New PTAB Rules Under Consideration By Jeannine Sano Don Wang On April 15, 2024, in response to feedback on last year's ANPRM, Director Vidal issued an invitation to comment on the new NPRM governing...
23 Apr, 2024 Re-Evaluating Trade Secret Policies After FTC Adopts Rule Banning Non-Compete Agreements By Matt Murphy Today, the U.S. Federal Trade Commission (“FTC”) adopted a final rule (3-2) banning new non-compete agreements for both senior executives...
22 Apr, 2024 Vanda Strikes Out at the Supreme Court By Chad Landmon Matt Murphy Thomas Hedemann Two weeks ago we discussed Vanda Pharmaceuticals’ ambitious cert petition asking the Supreme Court to discontinue the “reasonable...
22 Apr, 2024 Want To Be an Antitrust Scholar? Meet the ABA’s International Scholar-in-Residence By Axinn Insights Many practitioners wonder what it would be like to be an academic, diving deeply into the leading international legal and policy issues...
22 Apr, 2024 USITC Commissioner Series: Top Dissenting Issues By Don Wang This is part three of our USITC Commissioner Series. Read part one here and part two here. Following my colleagues’ efforts in this...
19 Apr, 2024 Step Aside, FTC: NYC to Banish Non-Competes By Kail Jethmalani The FTC's proposed ban on labor non-competes has loomed since January 2023, with a vote now scheduled for April 23, 2024 in a special...
18 Apr, 2024 USITC Commissioner Series: Meet the (Vocal) Commissioners By Ramya Auroprem Brian Johnson Ian Swan Don Wang +1 more... Show less This is part two of our USITC Commissioner Series. Read part one here and part three here. As my colleagues Brian Johnson and Ian Swan...
15 Apr, 2024 The Pleading Standard for Complex Technology? It's Complex. By Ted Mathias Can a patentee really just take a pass on alleging that an accused product meets a limitation in an asserted claim, even where the case...
12 Apr, 2024 Even Arbitrations Are Not Safe from the Prejudgment Remedy By Nicholas Duffee Jarod Taylor We previously wrote about the surprising power of the Connecticut Prejudgment Remedy (PJR) statute, which allows litigants to seek an...
09 Apr, 2024 Vanda Swings for the Fences and Asks the Supreme Court to Heighten the Standard for Obviousness By Chad Landmon Matt Murphy Thomas Hedemann Among the most established standards in patent law is that obviousness requires a motivation to combine the prior art with “a reasonable...
08 Apr, 2024 A Rare Bird? TriZetto Collects $14.5M in Attorneys' Fees but No Trade Secret Damages By Matt Murphy A claimant's recovery of attorneys' fees in a trade secret action ordinarily reflects an overwhelming success at trial. The claimant...
04 Apr, 2024 Nokia and the Burden of Burdens By Ted Mathias Much like secondary considerations, non-infringing alternatives fit imperfectly within many scheduling orders. The patentee has the...
29 Mar, 2024 ABA Antitrust Law Spring Meeting By Axinn Insights Axinn is proud to be participating in the 72nd ABA Antitrust Law Spring Meeting and other adjacent events. The Spring Meeting is the...
29 Mar, 2024 ChromaDex Stands Out, But Not in a Good Way By Ted Mathias The law of patent eligibility was pretty quiet for decades until the Supreme Court breathed new life into Section 101 invalidity...
28 Mar, 2024 The Rise of Labor Issues as an Antitrust Priority By Rick Dagen Maryanne Magnier and I have drafted an article titled, “The Rise of Labor Issues as an Antitrust Priority.” The article will soon appear...
25 Mar, 2024 The Surprising Power of the Connecticut PJR By Nicholas Duffee Jarod Taylor A recent decision reported by Law360 is a useful reminder of the power of a remedy peculiar to Connecticut courts, the prejudgment remedy...