The US Court of Appeals for the Second Circuit affirmed the dismissal of a lawsuit against pharmaceutical companies accused of violating antitrust laws by using reverse payments to delay entry of a generic version of a...more
5/24/2024
/ Antitrust Division ,
Antitrust Violations ,
Appeals ,
CVS ,
Dismissals ,
FTC v Actavis ,
Generic Drugs ,
Patent Infringement ,
Patent Litigation ,
Patent-in-Suit ,
Patents ,
Pay-For-Delay ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Reverse Payments ,
SCOTUS
On May 9, 2024, in a 6-3 decision, the Supreme Court of the United States affirmed the US Court of Appeals for the Eleventh Circuit’s prior ruling, holding that a plaintiff with a timely infringement claim under the discovery...more
5/15/2024
/ Appeals ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
Discovery Rule ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Music Industry ,
SCOTUS ,
Statute of Limitations ,
The Copyright Act ,
Warner Chappell Music v Nealy
The Supreme Court of the United States has agreed to reconsider the Chevron doctrine, which instructs courts to defer to a federal agency’s reasonable interpretation of an ambiguous statute that US Congress delegated to the...more
The Supreme Court of the United States agreed to consider how much a patent must disclose in order to meet the enablement requirement under 35 U.S.C. § 112. Amgen Inc., et al. v. Sanofi, et al., Case No. 21-757 (Supr. Ct....more
The Supreme Court of the United States agreed to consider the application of the fair use doctrine as it relates to transformative works. The Andy Warhol Foundation v. Goldsmith, Case No. 21-869 (Supr. Ct. Mar. 28, 2022)...more
The Supreme Court of the United States agreed to review whether a district court is required to request that the Register of Copyrights advise whether inaccurate information, if known, would have caused the Register to refuse...more
The Supreme Court of the United States upheld the validity of doctrine of assignor estoppel but concluded that the US Court of Appeals for the Federal Circuit failed to recognize the boundaries of the doctrine. Minerva...more
In 2020, the US Supreme Court and Court of Appeals for the Federal Circuit continued to refine key aspects of intellectual property law on issues that will have an impact on litigation, patent prosecution and business...more
1/28/2021
/ Appeals ,
En Banc Review ,
Hatch-Waxman ,
Life Sciences ,
Medical Devices ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
SCOTUS ,
Section 101 ,
Technology Sector ,
United States v Arthrex Inc ,
Venue
The Supreme Court of the United States agreed to review assignor estoppel in patent cases. Minerva Surgical, Inc. v. Hologic, Inc., et al., Case No. 20-440 (Supr. Ct. Jan. 8, 2021) (certiorari granted). The question presented...more
The Supreme Court of the United States agreed to consider whether Patent Trial and Appeal Board (PTAB) judges are unconstitutionally appointed. The United States of America v. Arthrex, Inc., Case Nos. 19-1452, -1458, -1459...more
10/22/2020
/ 5 U.S.C. § 7513(a) ,
Administrative Patent Judges ,
Appointments Clause ,
Arthrex Inc v Smith & Nephew Inc ,
Constitutional Challenges ,
Director of the USPTO ,
Inferior Officers ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Polaris Innovations Ltd v Kingston Technology Co ,
Principle Officers ,
SCOTUS ,
Severability Doctrine ,
Tenure ,
United States v Arthrex Inc
In a split decision, the Supreme Court of the United States in Georgia v. Public.Resource.Org, Inc. affirmed a previous ruling by the US Court of Appeals for the 11th Circuit and held that annotations to the Official Code of...more
5/1/2020
/ Annotated Case Law ,
Appeals ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Georgia v. Public.Resource.Org Inc ,
Government Edicts Doctrine ,
Legislative Duties ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Statutory Code ,
The Copyright Act
The Supreme Court of the United States granted Lucky Brand’s request to address whether claim preclusion principles bar a defendant from asserting a new defense in a case when the defense could have been raised over previous...more
8/14/2019
/ Amended Complaints ,
Appeals ,
Certiorari ,
Claim Preclusion ,
Res Judicata ,
SCOTUS ,
Settlement Agreements ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Unfair Competition
The Supreme Court of the United States granted the State of Georgia’s request to address whether it can claim copyright ownership over annotations made to its official legal code. State of Georgia, et al. v....more
7/16/2019
/ Annotated Case Law ,
Certiorari ,
Copyright ,
Copyrightable Subject Matter ,
Federal v State Law Application ,
Georgia v. Public.Resource.Org Inc ,
Petition for Writ of Certiorari ,
Public Domain ,
SCOTUS ,
Split of Authority ,
The Copyright Act
Following remand from the Supreme Court of the United States, the US Court of Appeals for the Federal Circuit addressed the impact of an intervening invalidation of four of six patent claims in issue by the Patent Trial and...more
3/1/2019
/ 35 U.S.C. § 271(f)(2) ,
35 U.S.C. § 284 ,
Appeals ,
Damages ,
Domestic Injury ,
Extraterritoriality Rules ,
Foreign Sales ,
Lost Profits ,
Patent Act ,
Patent Infringement ,
Patent Royalties ,
Patents ,
Remand ,
SCOTUS ,
Vacated ,
WesternGeco LLC v Ion Geophysical Corporation
The Supreme Court of the United States granted the US Patent and Trademark Office’s (PTO’s) request that it address whether the prohibition of federal trademark protection for “immoral” or “scandalous” marks is invalid under...more
2/8/2019
/ Appeals ,
Certiorari ,
Constitutional Challenges ,
Disparagement ,
First Amendment ,
Free Speech ,
Iancu v. Brunetti ,
Lanham Act ,
Matal v Tam ,
Scandalous/Immoral Marks ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
USPTO ,
Vulgar or Offensive Marks
The Supreme Court of the United States granted, in part, Return Mail’s petition for certiorari to address whether the federal government has standing to challenge patents using post-grant proceedings under the America Invents...more
The Supreme Court of the United States granted Rimini Street’s petition for certiorari to address the meaning of “full costs” as used in the Copyright Act. Rimini Street, Inc. v. Oracle USA Inc., Case No. 17-1625 (Supr. Ct....more
The US Supreme Court granted certiorari to consider the question of whether, under the America Invents Act, an inventor’s sale of an invention to a third party that is obligated to keep the invention confidential qualifies as...more
The US Supreme Court granted Fourth Estate Public Benefit Corporation’s petition for certiorari. Fourth Estate Public Benefit Corporation v. Wall-Street.com, Case No. 17-571 (Supr. Ct. June 28, 2018)...more
In a series of decisions, the US Court of Appeals for the Federal Circuit continued its trend of strict adherence to § 1400(b) when analyzing proper venue for patent infringement actions under the Supreme Court of the United...more
The United States Supreme Court issued a decision in WesternGeco LLC v. ION Geophysical Corp. holding that a patent owner may recover lost foreign profits for infringement under § 271(f) of the Patent Act because it is a...more
6/27/2018
/ 35 U.S.C. § 271(f)(2) ,
35 U.S.C. § 284 ,
Appeals ,
Damages ,
Domestic Injury ,
Extraterritoriality Rules ,
Foreign Profits ,
Foreign Sales ,
Lost Profits ,
Patent Act ,
Patent Infringement ,
Patents ,
Remand ,
SCOTUS ,
Vacated ,
WesternGeco LLC v Ion Geophysical Corporation
In remanding a case back to the district court, the US Court of Appeals for the Federal Circuit held that the Supreme Court of the United States’ 2017 decision in TC Heartland v. Kraft Foods qualifies as a change of law, and...more
The Supreme Court of the United States has tightened restrictions on where patent infringement actions may be filed. In an 8–0 decision, the Supreme Court held that for purposes of venue in patent infringement actions, a...more
In a highly anticipated decision, the Supreme Court of the United States issued a unanimous opinion in TC Heartland LLC v. Kraft Food Group Brands LLC, holding that for the purposes of venue in patent infringement actions, a...more