The Federal Circuit recently affirmed decisions made by the Patent Trial and Appeal Board (PTAB), which invalidated claims from three patents held by 10x Genomics. These patents, which focus on methods for nucleic acid analysis, were challenged by Parse Biosciences Inc. on the grounds of obviousness. As noted in Law360, the court’s decision has brought…
The Washington Legal Foundation has expressed its support for Johnson & Johnson’s legal triumph in an antitrust case concerning the pharmaceutical giant’s acquisition of patents related to its blockbuster psoriasis treatment, Stelara. The foundation filed an amicus brief arguing that resurrecting this lawsuit could deter pharmaceutical mergers, overburden regulatory bodies, and alter the traditional emphasis…
Polsinelli PC faces challenges in representing a patent-holding doctor in ongoing lawsuits initiated by two medical device companies. These companies accuse both Polsinelli and its client of aggressively pursuing “bad faith” intellectual property claims. In response, motions have been filed in federal courts in Tennessee and Mississippi to disqualify Polsinelli from defending the doctor. The…
Two medical device companies are pursuing legal action against Polsinelli PC and its client, a patent-holding doctor, alleging “bad faith” patent infringement. These companies have filed motions in federal courts in Tennessee and Mississippi seeking to disqualify Polsinelli from representing the doctor, citing conflicts due to “diverging interests and liabilities.” This litigation highlights ongoing concerns…
The U.S. Patent and Trademark Office (USPTO) has positioned itself against an Ohio federal court halting disciplinary proceedings involving a patent attorney who is currently suing the agency. Central to the case is the attorney’s contention regarding an administrative law judge from outside the USPTO presiding over his discipline case. Despite these claims, the USPTO…
The Federal Circuit recently clarified the responsibilities of nonpracticing entities (NPEs), ruling that they are not exempt from adhering to the Patent Act’s marking requirements. The court decision, delivered on Wednesday, addresses the contentious issue of whether NPEs can bypass the patent marking obligation when seeking pre-suit damages, even if their licensees claim non-infringement. In…
The Federal Circuit recently clarified the obligations of nonpracticing entities (NPEs) concerning the marking requirements stipulated by the Patent Act. On Wednesday, the court ruled that NPEs cannot sidestep the obligation to mark products with patent information, even if their licensees believe their products do not infringe. This decision underscores a significant responsibility for NPEs…
Jon McMichael, a distinguished attorney at Fenwick & West LLP, has swiftly emerged as a formidable force in intellectual property law. Recently recognized by Law360 as one of the top intellectual property attorneys under 40, McMichael’s achievements have been nothing short of remarkable. His work in securing a $34 million patent verdict for Lashify stands…
The debate over the powers wielded by the U.S. Patent and Trademark Office (USPTO) director has intensified as major technology companies and attorneys specializing in Patent Trial and Appeal Board (PTAB) matters seek intervention from the U.S. Supreme Court. This follows a decision by the Federal Circuit, which declined to restrict the director’s discretion in…
Big Tech companies are currently urging the U.S. Supreme Court to address what they describe as an overreach of power by the United States Patent and Trademark Office (USPTO) concerning the authority of its director over Patent Trial and Appeal Board (PTAB) challenges. The companies argue that the Federal Circuit’s decision not to limit this…
The U.S. Patent and Trademark Office (USPTO) Director recently rejected a challenge by Viance LLC against a patent held by Koppers Performance Chemicals Inc., highlighting the necessity for challengers to disclose all real parties in interest (RPIs). This decision stems from Viance’s failure to reveal companies that may control the challenging entity, which is crucial…
The United States Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB) decision not to nullify claims in two fuel injection patents held by Westport Fuel Systems Canada Inc. This ruling upheld the PTAB’s earlier finding that neither Mercedes-Benz nor an unnamed engineering company sufficiently demonstrated the patents’ obviousness….
A patent owner and a trademark owner walk into court with the same request: stop the infringement before it causes harm that money cannot repair. Despite the seemingly similar aim, the legal pathways they must navigate differ significantly, revealing a widening chasm between patent and trademark law concerning irreparable harm. In the realm of patent…
In the ever-evolving landscape of intellectual property law, Steptoe LLP partner Robert Kappers has emerged as a formidable presence. Recently, Kappers was instrumental in reviving a previously dismissed infringement case for Express Mobile against GoDaddy, leading to a substantial $170 million jury award. This achievement has not gone unnoticed; Kappers has been recognized by Law360…
The integration of generative artificial intelligence (GAI) into the drafting of patent applications has sparked a conversation about its implications on patent validity. As legal professionals navigate this evolving landscape, the potential challenges related to anticipation and the written description requirement are critical considerations. GAI tools, while efficient, may expose applications to invalidity concerns if…
Moderna Inc. and Arbutus Biopharma Corp. have reached a settlement in their patent dispute over lipid nanoparticle (LNP) technology used in Moderna’s COVID-19 vaccines. The agreement, announced on March 3, 2026, involves a payment of up to $2.25 billion from Moderna to Arbutus and its partner, Genevant Sciences. Under the terms of the settlement, Moderna…
The United States Patent and Trademark Office (USPTO) recently urged the Federal Circuit to uphold the rejection of a Sanofi patent application based on the principle of double patenting. The case highlights a contentious area within patent law, as USPTO Director John Squires has called for a reexamination of the underlying policy rationale. This dichotomy…
In a recent development in the Northern District of Texas, a federal magistrate judge advised narrowing the legal proceedings in a patent infringement case between Intellectual Ventures and Southwest Airlines. The recommendation involves the dismissal of one patent claim put forth by Intellectual Ventures, significantly recalibrating the scope of the lawsuit. This move also involves…
In a significant development at the U.S. Patent and Trademark Office (USPTO), Director John Squires has issued a decision concerning four petitions for review under the America Invents Act (AIA). In his latest order, Squires granted just one of these petitions while denying the other three. The granted review will allow for an in-depth examination…
Nicholas Evoy, a partner at Covington & Burling LLP, is quickly establishing himself as a formidable force in the legal domain. Recently, he played a pivotal role in assisting AbbVie Inc. in its defense against attempts to introduce generic versions of its flagship immunosuppressant drug. This case highlights Evoy’s adeptness at handling complex pharmaceutical patent…
Securing a fresh round of funding is a critical milestone for tech startups, often accompanied by new expectations and pressures. While the influx of capital provides an opportunity to scale operations and advance innovations, it also introduces heightened investor scrutiny and market competition. In this context, reassessing and fine-tuning your patent strategy becomes essential to…
Former Deputy Director of the U.S. Patent and Trademark Office (USPTO), Coke Morgan Stewart, has stepped into a prominent role in intellectual property advocacy. Stewart has been appointed as CEO and president of the Council for Innovation Promotion, taking the reins of the group responsible for advancing IP rights and innovation-related policies in Washington, D.C….
In a compelling legal confrontation, Shoals Technologies Group Inc., a prominent solar components manufacturer, presented a case before a federal jury in North Carolina, spotlighting accusations against a rival firm for patent infringement. This ongoing trial could reshape the competitive landscape in the renewable energy sector. The contention arose when Shoals alleged that a competing…
The legal community is closely monitoring a significant development in the realm of design patent law. Recent discussions have centered on a sharply divided order from the full Federal Circuit, which declined to reconsider the standards for design patent infringement. Attorneys are now looking towards the U.S. Supreme Court to provide clarity amidst what has…
The U.S. International Trade Commission (ITC) has urged an Idaho federal court to dismiss a request from a baby carrier manufacturer seeking to compel a rival to withdraw its concurrent ITC complaint. The move underscores the ITC’s stance on maintaining its jurisdiction over such disputes and highlights the complexity of navigating parallel proceedings in different…