On August 20, a federal judge issued a nationwide injunction blocking the FTC’s proposed non-compete clause rulemaking that had been set to go into effect today. Had it gone into effect (and it may still at some point, as the…
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/ Antitrust & Trade Regulation, Civil Procedure, Labor & Employment Law
On August 28, 2024, the Federal Circuit issued a precedential decision regarding issue preclusion in Wisc. Alumni Research Found. v. Apple Inc., Nos. 2022-1884, 2022-1886. For issue preclusion to apply, “the issue actually…
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/ Civil Procedure, Intellectual Property, Science, Computers, & Technology
Yesterday, a Federal Court in Texas issued a nationwide injunction blocking the FTC's proposed rule banning employment-related non-compete agreements. The FTC is considering its options, including an appeal to the Fifth Circuit…
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/ Antitrust & Trade Regulation, Civil Procedure, Labor & Employment Law
FDA recently doubled down on its approach of allowing new language in an ANDA label as the result of a section viii statement – a so-called “carve-in.” Section viii statements assert that an ANDA does not seek approval for a…
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/ Health, Intellectual Property, Science, Computers, & Technology
On July 23, 2024, the District Court for the Eastern District of Pennsylvania denied a request for a preliminary injunction to stay the FTC's Non-Compete Clause Rule (the "Rule"). Set to take effect on September 4, 2024, the…
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/ Antitrust & Trade Regulation, Civil Procedure, Labor & Employment Law
On July 3, 2024, the World Intellectual Property Organization (WIPO) published a Patent Landscape Report on Generative Artificial Intelligence (GenAI). The report provides a historical and technical overview of GenAI…
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/ Intellectual Property, Science, Computers, & Technology
5 On July 16, 2024, the Federal Circuit affirmed both the sua sponte order issued by the District of Delaware requiring Lori LaPray, the purported owner of all of the plaintiff LLCs created by the patent monetization firm, IP…
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/ Civil Procedure, Intellectual Property
The 2024 Guidance Update on patent subject matter eligibility applicable to AI inventions, which will be incorporated into the MPEP “in due course,” is scheduled to be published in the Federal Register on July 17, 2024. …
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/ Intellectual Property, Science, Computers, & Technology
On May 30, 2024, the DOJ’s Antitrust Division hosted a workshop for global antitrust authorities, academics, financiers, and private sector representatives to discuss competition across the AI stack, potential threats AI poses…
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/ Antitrust & Trade Regulation, Intellectual Property, Science, Computers, & Technology
When the Federal Circuit resurrected Amarin’s “skinny label” infringement claims against Hikma last month, it offered some important lessons for drug developers. The precedential decision helps clarify the kinds of promotional…
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/ Business Torts, Health, Intellectual Property
For forty years, Chevron has put a thumb on the scales in favor of the executive agencies whenever their decisions were challenged in court. Now, the Supreme Court has overturned that longstanding precedent, issuing its opinion…
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/ Administrative Law, Civil Procedure, Health, Intellectual Property
The FTC’s recent rule largely rendering employment-related non-compete covenants unenforceable has hit a roadblock—at least with respect to the named plaintiffs in the first-filed challenge, Ryan, LLC v. FTC. To recap briefly,…
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/ Administrative Law, Antitrust & Trade Regulation, Labor & Employment Law
The 2024 ABA/IBA International Cartel Workshop in Barcelona, Spain just wrapped up after three days full of demonstrations around a cartel hypothetical, substantive panels, and discussions with cartel enforcement officials from…
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/ Antitrust & Trade Regulation, Criminal Law, International Law & Trade, Labor & Employment Law
In a much-watched case concerning the administrative state, on June 27, the Supreme Court decided in SEC v. Jarkesy that defendants facing a fraud suit by the SEC have a Seventh Amendment right to a jury trial in an Article III…
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/ Administrative Law, Antitrust & Trade Regulation, Civil Procedure, Constitutional Law, Securities Law
The Federal Circuit's recently issued decision in the Amarin/Hikma case continues the drama around skinny labeling for generic and biosimilar products, but the panel certainly went out of its way to couch its analysis as an…
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/ Civil Procedure, Health, Intellectual Property, Science, Computers, & Technology
