Before Lourie, Prost, and Stark - Summary: In an IPR, a patent application is considered a “printed publication” as of the application’s filing date, not its publication date. Samsung filed a petition for IPR of a Lynk Labs...more
On August 13, 2024, the Federal Circuit issued its decision in Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 24-1061, which limits the scope of obviousness-type double patenting for patents in the same family. The...more
On June 4, 2024, a panel of experts advising the Food and Drug Administration (FDA) on the use of the psychedelic midomafetamine (MDMA) for post-traumatic stress disorder (PTSD) voted 9-2 that MDMA in combination with talk...more
The Biden Administration’s Inflation Reduction Act (IRA)’s Medicare drug price negotiation program, which allows Medicare to directly negotiate prices with drugmakers, has faced several legal challenges....more
On December 27, 2023, Judge Thomas S. Kleeh of the United States District Court for the Northern District of West Virginia issued an order finding that Mylan (Viatris) infringed claims 4, 7, 9, 11, and 14-17 of Regeneron’s...more
In a recent precedential opinion, the Court of Appeals for the Federal Circuit vacated an infringement judgement against Mylan (Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc., No. 2022-1889, Fed. Cir. Nov. 6,...more
11/14/2023
/ Abbreviated New Drug Application (ANDA) ,
Claim Construction ,
Corporate Counsel ,
Healthcare ,
Intellectual Property Protection ,
Mylan Pharmaceuticals ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents
APPLE INC. v. COREPHOTONICS, LTD.
Before Stoll, Linn, and Stark. Appeal from the Patent Trial and Appeal Board.
Summary: An IPR final written decision based on a party’s brief mention of an error in an expert...more
On June 6, 2023, Merck & Co. filed a lawsuit against the U.S. government in federal court over the Inflation Reduction Act (IRA)’s Medicare drug price negotiation program, which allows Medicare to directly negotiate prices...more
6/13/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Drug Pricing ,
First Amendment ,
Free Speech ,
Health Insurance ,
Healthcare ,
Inflation Reduction Act (IRA) ,
Life Sciences ,
Medicare ,
Merck ,
Pharmaceutical Industry
TREEHOUSE AVATAR LLC v. VALVE CORPORATION -
Before Lourie, Reyna, and Stoll. Appeal from the U.S. District Court for the Western District of Washington.
Summary: The district court did not abuse its discretion in...more
Summary: The USPTO policy of refusing to consider Requests for Director Rehearing of decisions denying institution of IPR and PGR does not violate the Appointments Clause of the Constitution....more
HOYT AUGUSTUS FLEMING V. CIRRUS DESIGN CORPORATION -
Before Lourie, Hughes, and Stoll. Appeal from the Patent Trial and Appeal Board.
Summary: A claim is obvious where “the proposed combination of [the...more