In the constantly evolving world of the pharmaceutical industry, policymakers are tirelessly working to reduce lower drug costs. These efforts range from the Medicare price negotiations posed by the Inflation Reductions Act, otherwise known as price controls, to current proposals aimed at pharmacy benefit managers (“PBM’s”). Amidst these efforts is a growing concern: Are drug…
A notable departure occurred from a prominent intellectual property trio at McDermott recently. The move has ignited speculation throughout the legal industry regarding the potential for more departures that may be triggered by the issue of legal billing rates. Market observers and professionals have seen a rise in lateral movement within the legal industry, which…
Cahill Gordon & Reindel is opening a new trading and markets practice, with Frank Weigand, former general counsel at HSBC Securities (USA) Inc. and alternative trading system Oasis Pro Markets, heading up the new division in New York. Weigand’s experience expands over two decades in financial services, advising registered entities on activities including broker-dealer and…
Helen Conlan, an experienced lawyer with a focus on intellectual property law, has recently joined Stephenson Harwood as a partner in their London office, according to the firm’s recent announcement. As reported by Bloomberg Law, this development is significant, as Conlan brings her proficiency in multi-jurisdictional patent litigation and trade secret disputes to the team….
Recently published guidance from the US Patent and Trademark Office (USPTO) on November 16 sheds light on the patentability of design claims that encompass computer-generated electronic images. The revised guidelines strive to provide clear directives as to when a design patent claim that includes a computer-generated electronic image per se, or such an image displayed…
The Eastern District of Virginia made a significant ruling recently, dismissing a patent infringement claim regarding natural speech processing in a vehicle-mounted system. The claim was deemed patent ineligible under 35 U.S.C. § 101. This decision, made in one of the nation’s busiest patent litigation courts, impacts litigators and corporations involved in patent disputes. The…
Three veteran McDermott Will & Emery IP partners recently departed to join the legal practice Rimon P.C., referencing their new environment’s improved adaptability on fee structures. Tomoki Tanida, Michael “Mike” Fogarty, and Takashi Saito recently moved to Rimon’s North Virginia branch, marking a significant shift in their professional trajectory. Along with them, a team of…
Acuitas Therapeutics Inc. (“Acuitas”) has initiated legal action against CureVac, filing a Complaint on November 13 in the U.S. District Court for the Eastern District of Virginia. It is alleged that CureVac incorrectly claimed inventorship of four U.S. Patents related to COVID-19 mRNA-LNP vaccines that are registered under their name. Specifically, the patents in question…
The week ending November 17, 2023 witnessed a significant patent case Medtronic Inc. et al. vs. Teleflex Life Sciences Ltd., Nos. 2022-1721, -1722. The Federal Circuit, in an opinion by Lourie joined by Prost and Chen, detailed an intricate dispute over the conception date of a patented invention and its potential consideration as prior art…
On 31st March 2023, the Chinese company Zhuhai CosMX Battery Co., Ltd., a.k.a. Zhuhai, lodged a petition for inter partes review (IPR) of certain claims concerning U.S. Patent No. 11,329,352, which is also referred to as the ‘352 Patent. The ‘352 Patent is currently owned by Ningde Amperex Technology Ltd., a.k.a. Amperex. This incident marks…
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…