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Listing a Liability: The Orange Book’s New Antitrust Frontier

The tension between regulatory compliance and antitrust exposure in Orange Book patent listings reached a dramatic inflection point this fall. In late October, Teva Pharmaceuticals agreed to pay $35 million to settle a...more

Swiss Court Signals More Lenient Approach to AI Inventions

On June 26, 2025, the Swiss Federal Administrative Court (“Court”) issued its decision in case B-2532/2024, resolving a high-profile dispute over whether an artificial intelligence (“AI”) system can be named as an inventor...more

Federal Circuit Clarifies Safe Harbor from Injunctive Relief in Jazz v. Avadel

On May 6, 2025, the U.S. Court of Appeals for the Federal Circuit refined the boundaries of injunctive relief under the Hatch-Waxman Act in its precedential opinion in Jazz Pharms., Inc. v. Avadel CNS Pharms. The decision...more

Deploying AI: Compliance Considerations for a Revolutionary Tool

Whether you run a business or work in marketing or operations, you may have witnessed a new trend: rather than allocate resources towards onboarding a new employee, many businesses are choosing to “hire” something that won’t...more

Written Description for Genus Claims Following Juno Therapeutics v. Kite Pharmaceuticals

Section 112 of the Patent Act contains multiple requirements that relate to the adequacy of an inventor’s disclosure within a patent application.  The Supreme Court has offered some clarity to inventors seeking to patent...more

10 Years after Actavis, the Cases that Follow Tell a Story

I. Introduction - No pharmaceutical antitrust decision has had more impact than the Supreme Court’s 2013 decision in Federal Trade Commission v. Actavis, a decision which officially defined the term “reverse payment...more

Balancing Artificial Intelligence and Intellectual Property: Human Authorship a “Bedrock Requirement of Copyright”

Whether it is a smartphone, a fraud alert received from a financial institution, a vehicle modifying its settings based on current driving conditions, or  political ads that will soon infiltrate our airwaves, artificial...more

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