Key Takeaways -
- A recent Federal Circuit decision in a case involving an inter partes review (IPR) significantly narrowed a patentee’s ability to rely on estoppel to block a defendant from raising invalidity grounds.
-...more
On October 7, 2024, the Supreme Court declined to hear Cellect LLC v. Vidal, No. 23-1231. The case has been followed closely by patent professionals ever since the Federal Circuit upended the judicially-created doctrine of...more
In December 2021, patent practice was upended by four related United States Patent and Trademark Office (USPTO) Patent Trial & Appeal Board (PTAB) decisions holding that patents subject to statutory Patent Term Adjustment...more
What Congress has guaranteed, the courts have taken away -
The Supreme Court is about to receive a Petition for Certiorari in a case that impacts how long a patent protects new inventions, we expect. Specifically, the case...more
5/16/2024
/ Food and Drug Administration (FDA) ,
Hatch-Waxman ,
Inventions ,
Obviousness-Type Double Patenting (ODP) ,
Patent Term Adjustment ,
Patent Trial and Appeal Board ,
Patents ,
Petition for Writ of Certiorari ,
Popular ,
SCOTUS ,
USPTO
The Federal Trade Commission (FTC) has been busy scrutinizing patent listings in the Food and Drug Administration’s (FDA) publication of “Approved Drug Products with Therapeutic Equivalence Evaluations,” commonly known as the...more
5/13/2024
/ Competition ,
Federal Trade Commission (FTC) ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
FTC Act ,
Generic Drugs ,
Healthcare ,
Life Sciences ,
Orange Book ,
Patents ,
Pharmaceutical Patents ,
Section 5
On May 15, 2023, the Supreme Court denied certiorari in Teva Pharmaceuticals USA, Inc. v. GlaxoSmithKline LLC et al., a case some argued had enormous implications for so-called “skinny labeling” practices amongst generic drug...more
The Supreme Court is expected to consider Teva’s pending petition for certiorari in the highly anticipated GlaxoSmithKline LLC v. Teva Pharms. USA, Inc. on May 11, 2023, a case that could carry enormous implications for the...more
5/12/2023
/ Abbreviated New Drug Application (ANDA) ,
Copyright Infringement ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Hatch-Waxman ,
Healthcare ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Labeling ,
Patent Litigation ,
Petition for Writ of Certiorari ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
SCOTUS ,
Teva Pharmaceuticals
In re Grand Jury concerns a dispute between an unnamed company together with its unnamed law firm and the Government over whether the law firm was required to produce certain “dual purpose” communications—communications that...more
Under conventional pleading standards, courts generally allowed plaintiffs to describe their trade secrets with a level of generality when filing a complaint in a trade secret case. It often sufficed for plaintiffs to provide...more
The judicially-derived patent-law doctrine of “assignor estoppel” prevents an inventor from assigning a patent to another for value and then later arguing in litigation that the patent is invalid. In Minerva Surgical Inc. v....more