Mergers and acquisitions (M&A) have remained relatively languid within the healthcare sector as we moved into the latter half of 2023. However, there is an air of expectancy that this lethargy might be lifted soon. Experts, such as M&A lawyer Matt Gardella from Mintz, argue that market conditions hint towards a resurgence in biopharma M&A…
In a competitive landscape for patent litigation associates, Fish & Richardson is strategically utilizing remote flexibility to attract highly skilled professionals in locations far removed from its physical offices. Global Head of Litigation, Corrin Drakulich, has acknowledged that market unpredictability and a trial backlog are contributing factors to the increased demand for their patent litigation…
In a recent article appearing in The Intellectual Property Strategist, valuable insights were shed on the importance of maintaining a diversified patent portfolio to better protect artificial intelligence (AI) technology inventions. The article is part of a two-part series focusing on the legal and strategic intricacies faced in safeguarding AI technologies. The first portion of…
For many legal professionals, tax law is not considered the most appealing aspect of the profession. The subject is often seen as intricate and dry, filled with numerical complexities and demanding calculations required to be articulated into understandable language. For some, it may even bring up uncomfortable reminders about hefty personal taxes. It seldom offers…
Changes in the legal landscape of Intellectual Property Rights (IPR) are now effectively reshaping how patent disputes operate. AXONICS, INC. v. MEDTRONIC, INC., a case that recently came before Dyk, Lourie, and Taranto in the Patent Trial and Appeal Board, has a noteworthy finding: In an Inter Parties Review (IPR) process, an IPR petitioner should…
Repercussions of the patent application disclosure process for medical device companies intending to profit from their inventions has long been under-discussed. Industries across the board have the shared experience of navigating two agency approvals, one from the U.S. Food and Drug Administration (FDA), and another from the U.S. Patent and Trade Office. Recently, a fascinating…
On June 30, 2023, the U.S. Court of Appeals for the Federal Circuit declared it would rehear the compelling case of LKQ Corp. v. GM Global Tech Operations en banc. The announcement has sparked anticipation among legal professionals around the world. The full court’s intention to reevaluate the existing doctrine on design patent obviousness, a…
The US Court of Appeals for the Federal Circuit recently affirmed the dismissal of a lawsuit related to subject matter eligibility, thrusting the legal community into discussions about intellectual property law interpretation. The lawsuit in question, Realtime Data LLC v. Array Networks Inc., Case No. 2021-2251, was thrown out based on an Alice two-step analysis…
Welcome to the third edition of the AI Legal News Summer Roundup, where we journey yet again into the ever-evolving world of artificial intelligence (AI) in the legal sphere. In this edition, we cover class action suits, patent infringement cases, data privacy controversies, and more. From June 28 to July 11, five significant class-action lawsuits…
In a recent precedential opinion, the U.S. Court of Appeals for the Federal Circuit clarified the original patent requirement based on Title 35 of the U.S. Code, Section 251, which applies to reissue applications. The decision, named ‘In re: Float’N’Grill LLC’, differentiates the original patent requirement from the written description requirement, further explaining what is…
In an intriguing twist related to patent law, the Federal Circuit has vacated and remanded a non-obviousness decision of the Patent Trial and Appeal Board (PTAB or Board). The crux of the matter revolves around the opinion that the context of the proposed combination of prior art wasn’t directly aimed at the context of the…
In a competitive business landscape, the art of staying ahead often folds into the legal realm. Corporations and law firms the world over are increasingly finding themselves drawn to the complexities of unfair competition litigation. This paradigm has become more evident in the era of the “great resignation.” As originally reported on Arkansas Business by…
Fast food giants Taco Bell and Subway have approached a federal judge in the Eastern District of Texas to dismiss lawsuits against them. They stand accused of infricating three mobile-ordering patents. However, their primary argument is that since they are not residents of Texas, it is not a suitable venue for the cases. More information…
The Federal Circuit has denied a request to reconsider its decision which invalidated two patents supporting the WeatherTech brand of floor mats. This decision overrules a previous judgment at the Patent Trial and Appeal Board that upheld the patents. The details surrounding this pivotal decision remain undisclosed due to access restrictions from the article’s source….
AstraZeneca’s cancer drug Calquence, has weathered a significant challenge by dodging a review by the Patent and Trial Appeal Board (PTAB). Calquence, a pharmaceutical drug that has accounted for more than $2 billion in sales for AstraZeneca the previous year, is clearly a high-valued asset for the international pharmaceutical company. The legal confrontation had commenced…
Medical testing companies, Natera Inc. and Eurofins Viracor LLC, recently urged the U.S. Supreme Court to refrain from reviewing the invalidation of Stanford University and CareDx patents for their innovatory blood test. The blood test, crucial for detecting organ rejection, had its patents invalidated as they were deemed to cover only natural phenomena. Law360 reported…
The Federal Circuit has dismissed a petition for rehearing in the case involving WeatherTech. The court had previously invalidated two patents linked to the WeatherTech brand of floor mat. Interestingly, these patents were originally upheld at the Patent Trial and Appeal Board. The dismissal means that the Federal Circuit’s previous decision to invalidate these patents…
Sony has recently appealed to the Federal Circuit to compel a Texas federal judge to relocate a lawsuit to California. The lawsuit accuses Sony of infringing multiple patents through its PlayStation 4 console. According to Sony, the relocation is justified because the patent owner does not operate in Texas. The case arose from a patent…
A Senate bill seeking crucial modifications to the operation of patent challenges at the Patent Trial and Appeal Board (PTAB), has come under fire from a consortium of ten think tanks and consumer groups. Their main concern? They believe the bill will perpetuate the status quo of Americans paying higher prices for prescription drugs than…
In a long-winded patent battle among industry giants Intuitive Surgical and Johnson & Johnson subsidiary Auris, there has finally been a resolution. The two entities have agreed to settle a nearly five-year lawsuit regarding accusations of infringement on various surgical robot patents. The agreement thereby concludes a span of protracted litigation that began back in…
In a recent decision, the Federal Circuit tackled patent eligibility under Alice in Sanderling Management v. Snap Inc, No. 21-2173 (Fed. Cir. Apr. 12, 2023). The case, which questions whether the district court should have afforded the patent owner leave to amend its complaint, offers refreshing insights on the avenues of litigation and the thresholds…
In a recently published article on JD Supra, the U.S. Federal Circuit is closely monitoring legal developments around patent law. Specifically, the question of whether pending, non-final litigation or Inter Partes Review (IPR) processes can negate intent to infringe if there’s already substantive evidence supporting such intentions. The focal point of this legal discussion is…
In a noteworthy instance of patent law, the Patent Trial and Appeal Board (PTAB) has denied an institution petition from Mercedes Benz USA, disputing the filing date of a challenged patent held by Westport Fuel Systems Canada Inc. The case in question, Mercedes-Benz USA, LLC v. Westport Fuel Systems Canada Inc, Case IPR2023-00351, unfolded earlier…
Cellspin, the patent owner, is persistently urging the Federal Circuit to retroactively disqualify a California federal judge from an intellectual property dispute involving Fitbit LLC, a unit of Google. Moreover, the company makes an argument that the outcome of the case may have extensive implications for the United States’ judicial system. In various legal scenarios,…
In a significant unfolding event within American intellectual property law, Cellspin is maintaining its effort to have the Federal Circuit retroactively disqualify a California federal judge from a suit that involved the Google unit, Fitbit LLC. As reported by Law360, the patent holder argues that this case has widespread ramifications for the American judicial system….