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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

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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