Brand owners may need to adjust their budget plans for the coming years, as the Canadian Intellectual Property Office (CIPO) recently announced an increase in its official fees starting from January 1, 2024. This increase touches upon various facets of intellectual property rights, with a particular emphasis on trademarks. According to a report from JD…
In a recent noteworthy judgement, UCB, Inc. v. Actavis Labs. UT, Inc., a legal hurdle was encountered in the pharmaceutical sector. Known as the Neupro® (Rotigotine) case, it was presided over by Circuit Judges Moore, Chen, and Stoll with the opinion given by Judge Stoll. The appeal came from D. Del., with Judge Jordan. This…
The issue of design patent obviousness in the automotive industry has come under the spotlight recent times, particularly with the legal battle between LKQ Corp. and GM Global Technology Operations LLC. The case has reenergized discussions around the complex and often nebulous aspect of patent law. The central focus of the contention is the Rosen-Durling…
The American law firm, Holland & Knight, has published another of its insightful bulletins known as the ‘Health Dose’ on September 19, 2023. The regularly scheduled publications serve to update stakeholders—from health system leaders to policy makers—on developments and changes in legislative and regulatory terms that have a significant bearing on the health sector. This…
In a notable Federal Circuit Review from August 2023, a critical ruling for intellectual property rights (IPR) petitioners came to the forefront. The court’s decision in the landmark case Axonics, Inc. v. Medtronic, Inc., Appeal No. 22-1532 has set a precedent for the conduct of IPR proceedings. A key takeaway from this review was the…
On June 1, 2023, European patent law experienced a significant development with the inception of the new European Unified Patent Court (UPC). The UPC now makes enforcement of European patents in its 17 contract member states achievable with one single action [see source]. This is the sixth part of a series of articles that aim…
The latest case report from the Federal Appeals Circuit, concerning Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc., (Appeal Nos. 2021-2299, -2338) provides an illuminating analysis of precedent concerning design patents and infringement scope. Dated September 15, 2023, this decade-old case offers fresh insight into the domain of intellectual property law, particularly in…
Design patents play a distinct role in intellectual property law, often winding up in disputes between competitors. These cases can frequently escalate all the way to the Federal Circuit for review, if settlements are not reached. A prime example of this is last week’s significant decision in Columbia v. Seirus, which stirred prominent discussions in…
In a significant move that could potentially impact the patent landscape in the United States, the Federal Trade Commission (FTC) has issued a policy statement regarding the listing of pharmaceutical patents in the Food and Drug Administration (FDA)’s Orange Book. The statement suggests that even in cases where there is no ongoing litigation over patent…
Major changes are set to affect the procedural timeline for patent filings at the European Patent Office (EPO). EPO’s traditional “10-day rule” is coming to an end on October 31, 2023. The turn of the month will usher in a new “7-day rule”. Starting November 1, 2023, notices from the EPO will feature a response…
In a significant development in the sphere of genomics legal cases on September 14, 2023, the U.S. District Court for the District of Delaware vetoed Parse Biosciences Inc.’s (Parse) attempt to dismiss a complaint lodged by 10x Genomics Inc. (10x) and the Board of Trustees of Leland Stanford Junior University (Stanford). Parse was accused of…
In recent developments in the ongoing legal saga concerning the former US President Donald Trump, he seemingly confessed his involvement in a case currently under investigation. This full-throated admission has left his counsel in a difficult position. More details can be found here. His understanding and interpretation of the Constitution has also been called into…
In an announcement dated September 14, 2023, the Federal Trade Commission (FTC) issued a policy statement warning pharmaceutical companies against improper listings of patents in the FDA’s Orange Book. This is a remarkable move in the commission’s push to bolster generic competition and comes amid an era of rising scrutiny on practices perceived to thwart…
In February of 2023, T-Mobile USA, Inc. (“T-Mobile”) submitted applications for four inter partes reviews (“the T-Mobile IPRs”) in a particularly complex legal maneuver. Specifically, these entailed two challenges of U.S. Patent No. 8,630,234 and two against U.S. Patent No. 10,880,721 electing to file with joinder motions. This development is noteworthy because, previously in June…
In a recent case closely followed by intellectual property attorneys, the District of Delaware reexamined the remaining dispute claims in American Axle v. Neapco, following an appeal and petition for certiorari to the Supreme Court. At stake was whether the disputed claims were invalid due to the lack of patent-eligible subject matter. Described in more…
In recent years, the Federal Circuit has faced novel challenges in understanding and interpreting patent laws. An interesting situation has risen from a decision of a case involving wireless charging through skin for implanted medical devices. According to JDSupra’s depiction of the case, the Federal Circuit highlighted the Patent Trial and Appeal Board’s (PTAB) adoption…
In a laudable jury verdict rendered by a federal court in Marshall, Texas, Austin-based tech giant, Atlas Global Technologies LLC successfully bagged a $37.5 million victory in a patent infringement lawsuit against Chinese firm, TP-Link Technologies Co. Ltd. The legal battle concluded last week with the jury agreeing that TP-Link Technologies Co. Ltd. and its…
Appearing far from the frail image of Pauline Newman painted by recent public discourse, the 95-year-old judge on the U.S. Court of Appeals for the Federal Circuit took the stage at a recent vaccine law conference in Washington D.C. As reported by Reuters, Newman urged more scrutiny into how patent law could affect the development…
Artificial Intelligence (AI) continues to make significant strides across various sectors, and mergers and acquisitions (M&A) are no exception. As AI permeates more business models, it’s inevitably becoming a central component in M&A considerations. Primarily, the boom in AI systems and products, especially generative AI, has fuelled the surge in interest towards investing in, and…
In the recent ruling of In re Cellect, LLC, Case Nos. 2022-1293; -1294; -1295; -1296 (Fed. Cir. Aug. 28, 2023), the Federal Circuit has prompted questions surrounding the validity of cases where multiple patents, from the same applicant, cover overlapping inventions, yet have disparate expiry dates due to patent term adjustment (PTA). This comes on…
In the case of Amgen Inc. v. Sandoz Inc., the dispute centres around Otezla® (Apremilast), a formulation extensively used in pharmaceutical industry. Defined within case numbers 2022-1147, 2022-1149, 2022-1150, 2022-1151, and 2023 WL 2994166 (Fed. Cir. Apr. 19, 2023), the proceedings are overseen by Circuit Judges Lourie, Cunningham, and Stark with Justice Lourie giving the…
In an age where speedy and efficient patent resolutions have gained premier importance, the transformative role of the Patent Trial and Appeal Board (PTAB) in patent litigation cannot go unnoticed. The PTAB’s existence has birthed a whole new array of post-grant proceedings, which carry the potential to change how patent disputes are handled. As a…
Legal professionals who deal with trademark issues across the European Union, Germany, and Spain must often stay abreast of recent developments and rulings. In this context, a detailed examination of the ramifications of a number of significant judgements and decisions in trademark law is critical. Taking precedence is a set of decisions by the European…
In a recent ruling, the Federal Circuit made a key determination on an important matter of precedent regarding obviousness-type double patenting (ODP). The court ruled that ODP is applicable to patent claims that claim priority to the same application but have differing expiration dates due solely to patent term adjustment (PTA). The judgment came in…
The legal world always has intriguing developments. Today isn’t an exception. Let’s consider some happenings making waves in the legal sphere. Take Ken Paxton for example, the Texas Attorney General. He was recently acquitted in his impeachment trial, a case initially launched by Republicans in the Texas House. If you’re interested in a deeper dive,…