Recent events have seen the US Federal Trade Commission (FTC) enter the spotlight. The FTC, on November 7, 2023, initiated communications with ten companies. These letters accused the companies of incorrectly listing drug delivery device patents in the US Food and Drug Administration (FDA) Orange Book. It seems the FTC has taken action to dispute…
Understanding the breadth and depth of patent infringement can often feel like navigating a labyrinth, especially when it comes to quantifying compensation in cases where infringement activity is only seen in product display, such as an exhibition or a website. These areas tend to generate perplexities, particularly when the patentee possesses no concrete evidence linked…
The licensing of Standard Essential Patents (SEPs) has often been associated with tactics deemed as unfair price discrimination. SEPs are fundamental to products adhering to specific technical standards, including cellular and Wi-Fi, integrated into everything from laptops and smartphones to medical devices and autonomous vehicles. In their quest to monetize SEPs aggressively, numerous companies are…
Macy’s Inc., a large American retailer, has recently come under investigation by America First Legal (AFL), a conservative legal group led by former Trump adviser Stephen Miller. The group has asked the US Equal Employment Opportunity Commission (EEOC) to investigate Macy’s for what it claims to be “patently illegal” diversity quotas. This is not AFL’s…
Global healthcare companies, Genentech, Roche, and Biogen have initiated litigation proceedings against Dr. Reddy’s Laboratories (“DRL”) and Fresenius. The complaint, filed on November 17 in the U.S. District Court for the District of New Jersey, alleges infringement of 15 patents under the Biologics Price Competition and Innovation Act (BPCIA). According to the plaintiffs, the controversy…
The dispute between Takeda Pharmaceuticals U.S.A., Inc., and Mylan Pharmaceuticals, Inc., over Colcrys® (Colchicine) has been a point of interest within the legal and pharmaceutical sectors. Known formally as Takeda Pharms. U.S.A., Inc. v. Mylan Pharms., Inc., Civ. No. 19-2216-RGA, 2023 WL 6295453 (D. Del. Sept. 27, 2023) (Andrews, J.), the case has brought forward…
In this week’s review, we’ll focus on important Federal Court cases of November 2023. A key case is brought to our attention from Schwabe, Williamson & Wyatt PC, where the Federal Circuit affirmed inter partes review decisions. These decisions favor Teleflex’s challenged patent claims which are directed towards a method for use of a guide…
As business continues to globalize and intellectual property (IP) rights become an increasingly important part of corporate strategy, understanding changes to patent law in key markets is essential. This is exemplified by the Fourth Amendment to the Chinese Patent Law which came into effect on June 1, 2021, allowing partial claiming in design patent applications….
Three of McDermott Will & Emery’s longtime intellectual property (IP) partners, namely Tomoki Tanida, Takashi Saito, and Michael Fogarty, have transitioned to a new firm: Rimon P.C. This shift was primarily motivated by Rimon’s greater flexibility regarding service rates – a core challenge at their former firm. Tanida, for instance, noted that McDermott’s ‘rates were…
In patent cases, expert report deadlines are a common yet consistently contentious element of every scheduling order. As stated by Axinn, Veltrop & Harkrider LLP in their recent article, these deadlines are often the root of numerous disputes. These disputes typically revolve around the number of rounds of expert reports, with debates often occurring over…
In a recent turn of events, the United States Patent and Trademark Office (USPTO) has echoed its previous stance that the Dynamic Drinkware, LLC v. National Graphics, Inc. case is inapplicable to patents and patent applications falling under the America Invents Act (AIA). This latest affirmation came via the designation of the PTAB’s decision in…
The landscape of Artificial Intelligence (AI) is transforming at an accelerated pace, not only revolutionizing industries and our livelihood but also changing the legal landscape itself. Particularly, AI has triggered a fascinating trend – a surge in AI patent applications. This trend has been brought to light by Venable LLP, in their recent analysis. AI’s…
On Friday, a $1.56 billion verdict was issued against Bayer’s Monsanto in relation to its Roundup product. This marks the fourth consecutive judgment against the conglomerate, but it stood apart from the previous cases due to a variety of unique factors. Notably, this trial was led by a pair of previously patent attorneys from Baker…
The recent legal case Novartis Pharms. Corp. v. Alembic Pharms. Ltd. has caught the attention of legal professionals worldwide with its implications on patent law concerning pharmaceuticals, specifically the drug Entresto® (Sacubitril/Valsartan). The case was officially listed as Civ. No. 22-1395-RGA, by the court with Delaware jurisdiction, in the United States. The judgement, which falls…
The world of Patent Trial and Appeal Board (PTAB) practice is vast, complex, and continually evolving. In such a dynamic landscape, legal professionals often seek valuable insights to stay ahead of the curve. Drawing from their experiences, attorneys share their perspectives on the present state of PTAB, challenges and opportunities that clients confront, and emerging…
In a recent development in patent law, the U.S. Patent and Trademark Office (USPTO) published fresh guiding principles concerning the requisites for design patents concerning computer-generated images, icons, and graphical user interfaces. This significant step came to light in a publication in the Federal Register on November 17, 2023. This move by the USPTO is…
As previously reported, the Federal Rule of Evidence (FRE) 702 is set for an amendment on December 1, 2023, a change adopted by the Supreme Court earlier this year. This rule, which guides the admission of expert testimony in federal courts, has sparked significant debate and interpretation within the legal sector. For those involved in…
The Federal Circuit’s decision in the case of Medtronic, Inc. v. Teleflex Life Sciences Ltd. presents a particularly interesting debate for legal professionals in the field of patent law. Although this case was largely a straightforward affirmation of the Patent Trial and Appeal Board’s (PTAB) decision, it did present one intriguing issue which the Federal…
The United States Patent and Trademark Office (USPTO) has unveiled plans to enhance the transparency of its operations and protect the judicial independence of the Patent Trial and Appeal Board (PTAB). As per a Notice of Proposed Rulemaking issued on October 6, 2023, the USPTO aims to endorse consistency, clarity, and openness in its decision-making…
The burgeoning presence of Artificial Intelligence (AI) technologies in the market over the past few decades is beyond deniable, serving both internal and external purposes, including customer support, search engine optimization, market research, and inventory management. Today, AI is an integral component of numerous software-based services, from technologies based on traditional machine learning to complex…
In light of the Federal Trade Commission’s (FTC) recent policy statement, the criteria for listing patents in the FDA’s Orange Book (Approved Drug Products with Therapeutic Equivalence Evaluations) has raised questions and concerns among legal professionals. The statement signals the FTC’s plan to closely assess the accuracy of Orange Book listings, stirring a need for…
In most claim constructions, courts predominantly rely on intrinsic evidence – the claims, specification and prosecution history – to make their judgments. This is a common trend for legal professionals around the world. Nevertheless, on November 7th, 2023, the Federal Circuit (CAFC) took a different path, shaking up established conventions. These conventions hadn’t seen alterations…
On November 15, 2023, a significant directive emerged from the United States Patent and Trademark Office (USPTO). Director Kathi Vidal designated a final written decision made by the Patent Trial and Appeal Board (PTAB) in the case of Penumbra, Inc. v. RapidPulse, Inc. as precedential. The ruling, initially given in March 2023, outlined a crucial…
Two Amazon.com Inc. subsidiaries, related to Echo and Ring devices, have recently lost a legal bid to transfer their patent-infringement case from Waco, Texas, to Northern California. This legal development comes as a consequence of a federal judge dismissing the argument that “remote” workers hold different legal standing compared to other employees. As a crucial…
In a development of interest to legal professionals in large corporations and law firms, the Federal Trade Commission (FTC) is adopting a novel approach in its ongoing fight against drug makers alleged to have inappropriately listed patents in the Food and Drug Administration’s (FDA) “Approved Drug Products with Therapeutic Equivalence Evaluations,” commonly referred to as…