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Purdue v. Collegium: Upholding the Board’s Authority to Issue a Final Written Decision Even After the Statutory Deadline Has...

On November 21, 2023, the Federal Circuit in Purdue Pharma L.P et al. v. Collegium Pharm., Inc. (i) affirmed that the Patent Trial and Appeal Board (“Board”) has authority to issue a Final Written Decision after the statutory...more

Google v. Hammond: IPR and Collateral Estoppel

On December 8 2022, the Federal Circuit in Google LLC v. Hammond Development Int’l, Inc. affirmed in part and reversed in part the PTAB’s final written decision of an IPR holding that Google failed to prove that certain...more

Haug Partners Successfully Defends Takeda’s Vyvanse® Patents At Trial Against Generic Challenge

On December 27, 2022, Haug Partners LLP and Gibbons PC obtained a key victory as to all counts for its client, plaintiffs Takeda Pharmaceutical Co. Ltd. and Takeda Pharmaceuticals U.S.A., Inc., defeating a generic challenge...more

A Word of Caution When Disclosing Confidential Information to A Non-Party Under A Protective Order

In a 2-1 opinion,1 the Federal Circuit recently reversed a decision from the United States District Court for the Western District of Wisconsin finding Defendant Leader Accessories LLC (“Leader”) and its attorney, Mr....more

AztraZeneca AB v. Mylan Pharms. Inc.: Claim Construction of a Percentage Term Guided by the Written Description and Prosecution...

On December 8, 2021, the Federal Circuit in AztraZeneca AB v. Mylan Pharms. Inc. held that the claim construction of a percentage term should “‘most naturally align[] with the patent’s description of the invention,’ as...more

Minerva V. Hologic: Assignor Estoppel Doctrine Retained, But Limited

On June 29, 2021, the Supreme Court in a 5-4 decision retained the doctrine of assignor estoppel. However, the Court also held that “the Federal Circuit has applied the doctrine too expansively.” Accordingly, the Supreme...more

Meet and Confer Requirements Added for Rule 30(b)(6) Depositions

Rule 30(b)(6) of the Federal Rules of Civil Procedure, which concerns the use of a deposition notice or subpoena directed to an organization, was amended in December 2020 to require that parties meet-and-confer prior to...more

Venue in Hatch-Waxman Litigation: What Courts Decided and What Litigants are Still Fighting Over

Since the Supreme Court’s ruling in TC Heartland, there has been increased litigation over appropriate venue in patent litigation, including Hatch-Waxman cases. 28 U.S.C. § 1400(b) provides that venue in patent infringement...more

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