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Aerospace Update | October 2025

NASA’s Breakthrough Superalloy Wins Commercial Invention of the Year NASA Glenn Research Center’s new material, GRX-810, has been recognized as the Commercial Invention of the Year by NASA’s Inventions and Contributions...more

Purdue Pharma’s $7.4 Billion Chapter 11 Plan Formally Approved

A federal bankruptcy court on November 18 formally approved Purdue’s $7.4 billion Chapter 11 plan to settle thousands of opioid-related lawsuits. The plan requires (1) a $6.5 billion contribution from the Sackler family...more

FCC Launches “Space Month” to Boost U.S. Space Economy

On October 6, 2025, FCC Chairman Brendan Carr declared October 2025 “Space Month” in an effort “to boost our country’s space economy.” The FCC’s stated goal for Space Month “is to make sure that the U.S. is the friendliest...more

Aerospace Update | August 2025

No Tariffs on Aerospace Products Traded Between U.S. and European Union - On July 27, 2025, the U.S. and EU reached a trade agreement. As part of the agreement, the U.S. will impose a 15 percent tariff “on the vast majority...more

No Tariffs on Aerospace Products Traded Between U.S. and European Union

On July 27, 2025, the US and EU reached a trade agreement.  As part of the agreement, the US will impose a 15 percent tariff “on the vast majority of EU exports. ”  President Trump signed an Executive Order on July 31...more

District Court Finds the FDA Reasonably De-listed Eli Lilly’s Weight Loss Drug From Drug Shortage List

Congress authorized the FDA to determine whether a drug is “in shortage in the United States.” The FDA’s determination of a drug shortage triggers mechanisms designed to alleviate the shortage. For example, a determination of...more

Novartis Loses Bid for Preliminary Injunction Against MSN Pharmaceuticals

Judge Andrews of the District of Delaware recently denied Novartis’s request for a preliminary injunction against MSN Pharmaceuticals.  Novartis Pharm. Corp. v. MSN Pharm. Inc., Civil Action No. 20-md-2930-RGA, Dkt. No. 1456...more

Obviousness Analysis Does Not Consider Unclaimed Limitations

JANSSEN PHARMACEUTICALS, INC. v. TEVA PHARMACEUTICALS USA, INC. Before Prost, Dyk, and Hughes.  Appeal from the United States District Court for the District of New Jersey. Summary: District court erred by adding...more

USPTO Says Wands Still Controls Enablement Analysis Post-Amgen

On January 9, 2024, the USPTO published guidelines for its patent examiners when evaluating compliance with the enablement requirement in light of the U.S. Supreme Court’s recent decision in Amgen Inc. et al. v. Sanofi et...more

Prosecution History May Support a Motivation to Combine

Elekta Limited v. Zap Surgical Systems, Inc. Before: Reyna, Stoll, and Stark. Appeal from the Patent Trial and Appeal Board. Summary: Patentee’s failure during prosecution to distinguish relevant art provided support...more

Analogous Art Must Be Compared to the Challenged Patent

In Sanofi-Aventis Deutschland GmbH v. Mylan Pharm. Inc., Case No. 2021-1981, the Federal Circuit reversed an obviousness determination by the PTAB. At issue was Sanofi’s reissued U.S. Patent No. RE47,614 (the ’614 patent),...more

Raise It or Lose It! The Federal Circuit Will Not Address Obviousness Arguments First Raised by the PTO on Appeal

In Re Google LLC - Before: Moore, Lourie, and Prost. Appeal from the Patent Trial and Appeal Board. Summary: The PTO’s arguments on appeal did not reflect the record below....more

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