29 Feb, 2024 Alexa, Again, a Shopping List Is Not a Shopping Cart By Ted Mathias Gulrukh Haroon On February 26, the Federal Circuit issued its opinion in the battle between Freshub, Inc. and Amazon.com, Inc. regarding the Alexa...
26 Feb, 2024 What’s Up with U.S. Merger Remedies? A Podcast Episode Featuring Jeny Maier By Axinn Insights The US antitrust agencies’ approach to merger remedies has undergone a significant change under the Biden administration. Remedies are...
22 Feb, 2024 Confidential Witnesses & AI, Oh My! By Jimmy Attridge When private suits alleging collusion hit, I search the complaint for “confidential witness.” It used to be that private suits followed...
21 Feb, 2024 “Inelegant” Language Does Not an Indefinite Claim Term Make By Chantelle Ankerman To follow up on my February 6, 2024 post, Federal Circuit Judges Prost, Taranto, and Chen heard oral argument on February 9, 2024 in...
16 Feb, 2024 Old Tricks/Bad Habits at the Federal Circuit By Ted Mathias The Federal Circuit used to get a lot of flak for failing to defer to factual findings of the tribunal it was reviewing. My (highly...
16 Feb, 2024 Pharma IPR Conference By Aziz Burgy Rebecca Clegg Ted Mathias Axinn is proud to be a Platinum Partner of the Pharma IPR Conference On March 5 at 11:00 AM, partners Aziz Burgy, Ted Mathias, and...
15 Feb, 2024 Judge Gilstrap: For Implementers of SEPs, the Penitent Will Pass By Brian Johnson According to Judge Gilstrap in the Eastern District of Texas, obligations to negotiate under fair, reasonable, and non-discriminatory...
15 Feb, 2024 Doctrinal Lessons on the Doctrine of Equivalents By Ted Mathias Judge Bryson's recent decision sitting by designation in Prolitec Inc. v. Scentair Technologies, LLC., No. 20-984-WCB, 2024 WL 341342 (D....
14 Feb, 2024 Bayer Covenants Not to Sue, Still Has Headache By Ted Mathias Bayer's ‘053 patent on its drug Xarelto® expires in November 2024, and Bayer granted Mylan a covenant not to sue. Bayer has a second...
13 Feb, 2024 CREATing Controversy: Can a Brand Manufacturer Deny Sample Requests? By Ian Swan Can a drug manufacturer refuse to provide samples of its innovator product under the CREATES Act if it thinks that the requester will not...
13 Feb, 2024 IoT SEP Negotiations: New Players in a Complicated Game By Matthew Becker Brian Johnson Ian Swan Why should internet of things (IoT) manufacturers prepare to be approached by standard essential patent (SEP) holders? A recent trend...
12 Feb, 2024 Navigating the Complexities of Litigation Funding Discovery By Pan Lee For those who have not had a chance to attend one of our CLE presentations on Litigation Funding Disclosure, this IAM article provides a...
09 Feb, 2024 Dancing With Alice? Stay Within the Claims By Don Wang The Alice two-step analysis on patent eligibility cannot venture far outside the actual claim language according to the Federal Circuit’s...
08 Feb, 2024 Ground Beef: What Does “Reasonably Could Have Raised” Mean in PGR Estoppel? By Ricardo Camposanto On February 9, the fiery battle between grill manufacturers Traeger Pellet Grills LLC and GMG Products LLC heads to the Federal Circuit...
08 Feb, 2024 The OCC's New Bank Merger Act Rulemaking: Signs of Life in Bank Merger Reform? By David Pearl On January 29, the Office of the Comptroller of the Currency (OCC) issued a Notice of Proposed Rulemaking for Business Combinations Under...
07 Feb, 2024 Federal Circuit Set to Consider Whether A Blockchain Application is Patent Eligible By Ian Swan Does recording an object’s physical properties to a blockchain render the resulting network (or method of using the same)...