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Wilson Sonsini Goodrich & Rosati

Patent Office Denial of “Late” Inter Partes Review Petitions Changes Expectations

On June 6, 2025, the acting Director of the U.S. Patent and Trademark Office (USPTO), Coke Morgan Stewart, issued a decision in iRhythm Technologies v. Welch Allyn, Inc.1 that initiates a new basis for discretionary denial...more

Fish & Richardson

Texas Round-Up: May 2025

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Below are summaries of two claim construction opinions issued out of the Eastern District of Texas in May 2025....more

McDermott Will & Emery

Speculation of Harm Isn’t Standing: Not Every Adverse Board Decision Is Ticket to Appeal

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After assessing whether a patent owner had standing to appeal the Patent Trial & Appeal Board’s final written decision, the US Court of Appeals for the Federal Circuit found no injury in fact to support Article III...more

Baker Donelson

Implications of the Federal Circuit's Decision in EcoFactor, Inc. v. Google LLC

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The Federal Circuit's recent en banc decision in EcoFactor, Inc. v. Google LLC has already been touted as a landmark decision on expert damages testimony in patent cases. In EcoFactor, the Federal Circuit weighed in on the...more

BCLP

Federal Circuit Clarifies Limits of Prosecution Disclaimer in Patent Families

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In Maquet Cardiovascular LLC v. Abiomed Inc., 131 F.4th 1330 (Fed. Cir. 2025), the Federal Circuit addressed whether the prosecution history of one patent in a patent family can limit the scope of claims in a different patent...more

Venable LLP

Sandoz Launches Jubbonti® / Wyost® (denosumab-bbdz) as First Prolia® / Xgeva® Interchangeable Biosimilars

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On June 2, 2025, Sandoz announced the launch of Jubbonti® / Wyost® (denosumab-bbdz), the first Prolia® / Xgeva® (denosumab) interchangeable biosimilars to launch in the U.S....more

Alston & Bird

Patent Case Summaries | Week Ending June 6, 2025

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Alnylam Pharmaceuticals, Inc. v. Moderna, Inc., et al., No. 2023-2357 (Fed. Cir. (D. Del.) June 4, 2025). Opinion by Taranto, joined by Chen and Hughes. Alnylam sued Moderna for infringement of two patents directed to...more

Troutman Pepper Locke

What the House v. NCAA Settlement Means for the Future of NIL and College Sports

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The wait is over. On June 6, 2025, Judge Claudia Wilken of the U.S. District Court for the Northern District of California approved the $2.576 billion class action settlement in House v. NCAA....more

Lathrop GPM

Claim Construction Matters: Federal Circuit Decision Highlights the Significance of Lexicography in Patent Drafting

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A precedential ruling by the U.S. Court of Appeals for the Federal Circuit on June 4 affirmed that Moderna’s mRNA-based COVID-19 vaccine SPIKEVAX® does not infringe two patents owned by Alnylam Pharmaceuticals, upholding a...more

Farella Braun + Martel LLP

Take Care Before You Share: How Copyright Registration Can Turn Nothing Into Something

A recent lawsuit against actor and comedian Marlon Wayans underscores the practical value created by  securing a copyright registration early and the associated risk doing so creates for a third-party user....more

McDonnell Boehnen Hulbert & Berghoff LLP

Subject Matter Eligibility in the 21st Century: Echoes of pre-§ 103 Obviousness*

The evolution of subject matter eligibility after the Supreme Court's decisions in Prometheus v. Mayo, Alice v. CLS Bank, and Association for Molecular Pathology v. Myriad Genetics has resulted in a regime of predictable...more

Jones Day

Applying Fintiv to a Parallel ITC Investigation

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The Patent Trial and Appeals Board (“PTAB”) recently denied institution of an inter partes review (“IPR”), exercising its discretion under 35 U.S.C. § 314(a)and Apple Inc. v. Fintiv Inc., IPR2020-00019 (PTAB Mar. 20, 2020)...more

Seyfarth Shaw LLP

Reading the Tea Leaves: How Trademark Applications Show WNBA and NWSL Expansion Plans and Complications

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Keen sports observers sometimes use trademark applications to try to identify the names and locations of potential expansion teams that may be coming to sports leagues. Recent trademark applications by the WNBA and National...more

K2 Integrity

[Webinar] Information Leaks: How to Respond, Investigate, and Protect Your Business - June 25th, 9:00 am ET

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Information leaks can range from exposures of internal decisions and salary data to the disclosure of intellectual property, strategy documents, or board minutes. Whether accidental or intentional, these leaks demand...more

Seyfarth Shaw LLP

I Don’t Wanna Grow Up, I’m a What Kind of Kid?  Toys R Us Takes on Vape R Us in Trademark Battle

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I don’t wanna grow up, I’m a TOYS R US kid. So, many of us grew up with this commercial jingle and it along with the brand brings back positive memories of celebrating birthdays and holidays. But what happens when a company...more

IR Global

Copyright Protection Explained

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What Is Copyright Protection? When Should A Copyright Be Filed? What is copyright? Copyright is a United States Constitutional right that provides protection to works of original authorship...more

Irwin IP LLP

Unreliable Expert Testimony Shall Not Pass 

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On May 21, 2025, the Federal Circuit en banc banished the notion that the reliability of an expert’s methodology under Federal Rule of Evidence 702 (“Rule 702”) is a question of weight, not admissibility. The en banc Court...more

Goodwin

California’s AB 2013: Generative AI Developers Must Show Their Data

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California Assembly Bill 2013 (AB 2013), known as the Generative Artificial Intelligence: Training Data Transparency Act, was signed into law on September 28, 2024, and is set to take effect on January 1, 2026. ...more

MoFo Life Sciences

USPTO Discontinues Accelerated Examination Program in Favor of Expanding Track One Program

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On June 10, 2025, the United States Patent and Trademark Office (USPTO) announced that, after nearly 20 years, it will be discontinuing its Accelerated Examination Program for utility applications on July 10, 2025. The...more

Farella Braun + Martel LLP

New TTAB Precedent Prohibits Incorporation By Reference

In a precedential decision issued June 6, 2025, the Trademark Trial and Appeal Board (TTAB) confirmed what has long been suggested in its procedural manual: Appellants in ex parte appeals may not incorporate arguments from...more

Fitch, Even, Tabin & Flannery LLP

USPTO Adopts Partial Trademark Replacement Rule to Align with Madrid Protocol

Effective July 2, 2025, the USPTO will accept requests for both full and partial replacement of earlier national trademark registrations with international registrations. Previously, the USPTO only permitted trademark holders...more

Akerman LLP

A New Era of College Sports: Overview and Impact of the NCAA House Settlement Agreement

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The NCAA House settlement agreement has been the subject of significant discussion and controversy, with multiple hearings reflecting the magnitude of its implications. However, on Friday, June 6, Judge Claudia Wilken granted...more

Lowndes

$2.7 Billion Settlement Outlines New Ways Colleges Can Compensate Student Athletes

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Since its inception, the NCAA has restricted schools from paying student athletes anything beyond scholarships that covered tuition and the cost of attendance. However, with the continued popularity of college sports and the...more

Stikeman Elliott LLP

Five Things to Consider When Designing an AI Governance Program

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Although Artificial intelligence (“AI”) has been a matter of intense public interest for several years, few substantive laws regulate its use. Reasons for this include a lack of clarity about the scope of what needs to be...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Latest Director Discretionary Denial Decision in iRhythm Provides Valuable Insights

On June 6, 2025, Acting USPTO Director Stewart issued a decision in iRhythm Tech. v. Welch Allyn, Inc., IPR2025-00363, Paper 10 (and four related IPRs), which granted Patent Owner’s request for discretionary denial. This is...more

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