Aug 29, 2024 Literal Infringement Is Identical to Infringement Under DOE … for Issue Preclusion By Jeannine Sano Eric Krause Pan Lee Ramya Auroprem +1 more... Show less On August 28, 2024, the Federal Circuit issued a precedential decision regarding issue preclusion in Wisc. Alumni Research Found. v....
Jul 30, 2024 FDA Expands Practice of Permitting Population-Based Skinny Label “Carve-Ins” By Matt Murphy Aaron Savit FDA recently doubled down on its approach of allowing new language in an ANDA label as the result of a section viii statement – a...
Jul 18, 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...
Jul 17, 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...
Jul 16, 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...
Jul 11, 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...
Jun 28, 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...
Jun 24, 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,...
Jun 11, 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...
Jun 06, 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...
May 21, 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...
May 15, 2024 Large and Unjustified: Second Circuit Clarifies Pleading Requirements in Reverse Payments Cases By Caroline Boisvert Ted Mathias On May 13—and more than ten years after Federal Trade Commission v. Actavis, the leading U.S. Supreme Court case on reverse payment...
May 15, 2024 Countdown to Deadline for Comment Submission to the ITC By Jeannine Sano Eric Krause Pan Lee Five days remain to submit comments to the ITC's Proposed Amendments to the Rules of Practice and Procedure for Section 337...
May 14, 2024 Notice of Proposed Rulemaking to Expand Reach of Terminal Disclaimers By Eric Krause Pan Lee Don Wang On May 10, 2024, the USPTO posted a notice of proposed rulemaking (NPRM) soliciting comments regarding a proposed change concerning...
May 13, 2024 Patent Damages Procedural Fails Keep Coming By Ted Mathias Last month I checked in on a discovery dispute regarding the timeliness of disclosing noninfringing alternatives (NIAs) in a case with...
May 06, 2024 Preliminarily Enjoin Alleged Trade Secret Misappropriation Without Addressing A Time Bar Defense under the DTSA? By Nicholas Duffee Matt Murphy A trade secret owner must file a civil action under the Defend Trade Secrets Act (“DTSA”) within three years of when the alleged trade...