Author Info for Haug Partners LLP

Kaitlin Abrams

2021 Year in Review: Noteworthy Precedent for Patent Litigators

As the world marched forward in the face of the lingering covid-19 global pandemic, the Supreme Court and Federal Circuit followed suit, issuing several noteworthy decisions of which patent litigators should be aware in 2022…more

Administrative Patent Judges, Assignor Estoppel, Induced Infringement, Inter Partes Review (IPR) Proceeding, Patent Infringement

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Chinmay Bagwe

Purdue v. Collegium: Upholding the Board’s Authority to Issue a Final Written Decision Even After the Statutory Deadline Has Passed

On November 21, 2023, the Federal Circuit in Purdue Pharma L.P et al. v. Collegium Pharm., Inc. (i) affirmed that the Patent Trial and Appeal Board (“Board”) has authority to issue a Final Written Decision after the statutory…more

Failure to Comply, Final Written Decisions, Mandamus Petitions, Patent Litigation, Patent Trial and Appeal Board

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Michael Barer

Supreme Court Upholds Validity of Names Clause in Trump Too Small Decision

Referred to as the “names clause”, the Lanham Act prohibits registration of a mark that consists of or comprises a name that identifies a particular living individual without written consent.1 This includes full names, surnames,…more

Constitutional Challenges, First Amendment, Lanham Act, SCOTUS, Trademark Registration

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Mark Basanta

Enabling AI-Assisted Inventions and the Black-Box Problem

Earlier this year, the U.S. Patent Office issued its Inventorship Guidance for AI-Assisted Inventions.The main takeaway is that “[w]hile AI systems . . . cannot be listed as inventors on patent applications,” the “use of an AI…more

Algorithms, Artificial Intelligence, Inventors, Investors, Patents

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Ali Berkin, Ph.D.

Baxalta’s Antibody Patent Held Invalid under Amgen’s Enablement Standard by the Federal Circuit

In Baxalta, Inc. v. Genentech, Inc., the Court of Appeals for the Federal Circuit upheld a summary judgment finding from the District of Delaware (Judge Timothy B. Dyk) that claims 1-4, 19 and 20 of Baxalta’s patent directed to…more

Amgen, Amgen v Sanofi, Appeals, Enablement Inquiries, Intellectual Property Protection

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Annie Bolton

Can Machines Invent Drugs: Patent Law Seeks to Prioritize Human Innovation as Artificial Intelligence Inventions Rise

In the 1950’s, Alan Turing famously asked, “Can machines think?” Decades later, artificial intelligence—a term coined after Turing’s death—has become a facet of our everyday lives. Artificial Intelligence (AI) can be used to…more

Artificial Intelligence, Copyright Registration, Data Privacy, Duty to Disclose, Innovation

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Mike Brockmeyer

Second Circuit Affirms Dismissal of Bystolic Pharmaceutical Antitrust Class Actions, Holding Plaintiffs Must Plead Facts Showing a Reverse Payment Settlement Is Unjustified

On Monday, May 13, 2024, the U.S. Court of Appeals for the Second Circuit affirmed Judge Lewis Liman’s decision dismissing Plaintiffs’ reverse payment class actions for failure to state a claim. In re Bystolic Antitrust Litig.,…more

Antitrust Provisions, Class Action, Dismissals, Federal Trade Commission (FTC), Licensing Rules

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Mark Chapman

A U.S. View on the UPC – Part 8: Challenging the Validity of a Patent

On June 1, 2023, the new European Unified Patent Court (UPC) opened its doors, and enforcement of European patents in (currently) 17 contract member states is now possible with one action. This series of articles – directed at…more

Counterclaims, Declaratory Judgments, Enforcement, Inter Partes Review (IPR) Proceeding, Patent Infringement

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Robert Colletti

In re TikTok: Fifth Circuit Grants Writ of Mandamus Intending to Improve Consistency of Decisions From Transfer of Venue Motions For Forum Non Conveniens.

The U.S. Court of Appeals for the Fifth Circuit recently issued a writ of mandamus transferring a case from the Western District of Texas—a commonly chosen jurisdiction for patent infringement lawsuits—to the Northern District…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents, TikTok

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Joshua Farinas

Warner Chappell Music, Inc. v. Nealy: Plaintiffs Can Recover Damages for Timely Claims of Copyright Infringement Dating Back More Than Three Years Before Filing Suit

On May 9, 2024, the Supreme Court in Warner Chappell, Music Inc. v. Nealy settled a longstanding circuit split and ruled 6-3 that the Copyright Act entitles a copyright owner to recover damages for any timely claim, no matter…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership, Intellectual Property Protection

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Kaitlin Abrams Farrell

Purdue v. Collegium: Upholding the Board’s Authority to Issue a Final Written Decision Even After the Statutory Deadline Has Passed

On November 21, 2023, the Federal Circuit in Purdue Pharma L.P et al. v. Collegium Pharm., Inc. (i) affirmed that the Patent Trial and Appeal Board (“Board”) has authority to issue a Final Written Decision after the statutory…more

Failure to Comply, Final Written Decisions, Mandamus Petitions, Patent Litigation, Patent Trial and Appeal Board

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Porter Fleming

Haug Partners Successfully Defends Takeda's Vyvanse® Patents Before the Federal Circuit

Today the Federal Circuit affirmed the December 27, 2022 judgement issued by Judge Stanley R. Chesler of the District of New Jersey in favor of Takeda Pharmaceuticals, protecting Takeda’s patented Vyvanse® product from generic…more

Abbreviated New Drug Application (ANDA), Patent Infringement, Patent Litigation, Patents, Pharmaceutical Industry

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Nisha Gera

Disclosure of Third-Party Funding Documents in Patent Litigation: A Shift Towards Greater Transparency in Patent Ownership and Litigation Financing

Third-party litigation financing (TPLF) is an arrangement by which plaintiffs finance litigation costs through a non-party, typically a private firm that obtain funds from other investors. The commercial goal for a funder is a…more

Corporate Counsel, Disclosure Requirements, Litigation Fees & Costs, Litigation Funding, Patent Litigation

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Jon Gordon

Patenting the Blockchain with PLI

PLI is set to host its highly anticipated Patenting Blockchain and Distributed Ledger Technologies 2023 conference on Monday, December 4 from 9am-1230pm. This marks the fifth year of this popular and successful program…more

Blockchain, Business Strategies, Cryptocurrency, Distributed Ledger Technology (DLT), In-House Perspective

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Christopher Gosselin

Haug Partners Secures Victory Before the PTAB for Sartorius BioAnalytical Instruments, Inc.

On June 20, 2023, the Patent Trial and Appeal Board issued a decision in favor of Haug Partners client Sartorius BioAnalytical Instruments, Inc. (Gator Bio, Inc. v. Sartorius BioAnalytical Instruments, Inc., IPR2023-00215…more

Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Prosecution, Patent Trial and Appeal Board, Patents

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Ed Haug

Haug Partners Successfully Defends Takeda's Vyvanse® Patents Before the Federal Circuit

Today the Federal Circuit affirmed the December 27, 2022 judgement issued by Judge Stanley R. Chesler of the District of New Jersey in favor of Takeda Pharmaceuticals, protecting Takeda’s patented Vyvanse® product from generic…more

Abbreviated New Drug Application (ANDA), Patent Infringement, Patent Litigation, Patents, Pharmaceutical Industry

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Jonathan Herstoff

STUDying Investments Patent-by-Patent: Zircon, Corp. v. International Trade Commission

The U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued its most recent precedential decision on satisfying the economic prong of the domestic industry requirement at the International Trade Commission in Zircon Corp…more

Administrative Law Judge (ALJ), Appeals, CAFC, International Trade Commission (ITC), Patent Infringement

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Jason Kanter

The Federal Circuit in Alarm.com Incorporated v. Hirshfeld: Parties CAN Seek Review of USPTO Director’s Decision to Vacate Ex Parte Reexamination

In Alarm.com Incorporated v. Hirshfeld1 the Federal Circuit analyzed whether a party’s challenge to the United States Patent & Trademark Office (“USPTO”) Director’s decision to vacate requests for ex parte reexamination without…more

Ex Partes Reexamination, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation

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Austin Keith

STUDying Investments Patent-by-Patent: Zircon, Corp. v. International Trade Commission

The U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued its most recent precedential decision on satisfying the economic prong of the domestic industry requirement at the International Trade Commission in Zircon Corp…more

Administrative Law Judge (ALJ), Appeals, CAFC, International Trade Commission (ITC), Patent Infringement

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Stephen Kruse

Blackmail at the USPTO? Director Issues Decision Regarding Inter Partes Review Related to High-Stakes Patent Litigation

Patent practitioners are familiar with Inter Partes Review (IPR), a common adversarial proceeding between a patent owner and a third party concerning patentability of an issued United States Patent conducted by the Patent Trial…more

Inter Partes Review (IPR) Proceeding, Jury Verdicts, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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Rich Kurz

Specificity Required for Trade Secret Protection under the DTSA: An Attempt to Protect “Confidential Information” Dooms Preliminary Injunction in Insulet v. EOFlow

On June 17, 2024, the Federal Circuit issued a precedential opinion reversing a preliminary injunction imposed in a trade secret case, explaining that the district court abused its discretion by, inter alia, failing to fully…more

Confidential Information, Defend Trade Secrets Act (DTSA), Intellectual Property Litigation, Intellectual Property Protection, Misappropriation

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Ralph Labaton

Second Circuit Affirms Dismissal of Bystolic Pharmaceutical Antitrust Class Actions, Holding Plaintiffs Must Plead Facts Showing a Reverse Payment Settlement Is Unjustified

On Monday, May 13, 2024, the U.S. Court of Appeals for the Second Circuit affirmed Judge Lewis Liman’s decision dismissing Plaintiffs’ reverse payment class actions for failure to state a claim. In re Bystolic Antitrust Litig.,…more

Antitrust Provisions, Class Action, Dismissals, Federal Trade Commission (FTC), Licensing Rules

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Patrick Lavery

Treehouse Avatar LLC v. Valve Corp.: District Court Did Not Abuse Its Discretion in Striking Expert Testimony That Failed to Rely on the Court’s Claim Construction

I. Introduction - In Treehouse Avatar LLC v. Valve Corp., the Federal Circuit affirmed the Western District of Washington’s decisions to (i) strike portions of an expert report that failed to apply the parties agreed upon…more

Claim Construction, Expert Testimony, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patents

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Wan Chieh (Jenny) Lee

FTC Opens Investigation for Orange Book Listing of Medical Device Patents After Teva v. Amneal in District of New Jersey

Summary - On June 10, 2024, the District Court for the District of New Jersey ordered Teva to delist five patents from the Orange Book for ProAir® HFA (albuterol sulfate) Inhalation Aerosol. The patents were directed to…more

Abbreviated New Drug Application (ANDA), Federal Trade Commission (FTC), Hatch-Waxman, Investigations, Medical Devices

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Daniel Lichtenauer

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

Artificial Intelligence, Compliance, EU, Innovative Technology, Machine Learning

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Anna Lukacher

When Sending a Cease and Desist Letter Establishes Personal Jurisdiction

A patentee may establish “minimum contacts” in a forum, thus subjecting itself to specific personal jurisdiction, by sending a cease and desist letter to the forum. Precedent concerning this issue has been evolving. Previously,…more

Cease and Desist Orders, Declaratory Judgments, Ford Motor Co. v Montana Eighth Judicial District Court, Foreign Defendants, Limited Liability Company (LLC)

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Jacqueline Marino

In ParkerVision v. Vidal, the PTAB Relies on a Patent Incorporated by Reference to Arrive at a Different Claim Construction than District Court Proceedings

On December 15, 2023, a Panel of the U.S. Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board’s obviousness decision in ParkerVision, Inc. v. Vidal.1 At issue in this appeal was whether the Board…more

Claim Construction, Inter Partes Review (IPR) Proceeding, Obviousness, Patent Litigation, Patent Trial and Appeal Board

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Mario E. Martinez

In re TikTok: Fifth Circuit Grants Writ of Mandamus Intending to Improve Consistency of Decisions From Transfer of Venue Motions For Forum Non Conveniens.

The U.S. Court of Appeals for the Fifth Circuit recently issued a writ of mandamus transferring a case from the Western District of Texas—a commonly chosen jurisdiction for patent infringement lawsuits—to the Northern District…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents, TikTok

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Matthew McNatt, Ph.D.

Vaccine Design Will Likely Determine the Success of Each COVID-19 Vaccine

This article provides a basic overview of the immune system and how its successful engagement is necessary to produce a commercial vaccine, with a specific focus on the SARS-CoV-2 virus that causes the COVID-19 disease and the…more

Bioengineering, Biotechnology, Coronavirus/COVID-19, DNA, Genetic Materials

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Sheila Mortazavi

Warner Chappell Music, Inc. v. Nealy: Plaintiffs Can Recover Damages for Timely Claims of Copyright Infringement Dating Back More Than Three Years Before Filing Suit

On May 9, 2024, the Supreme Court in Warner Chappell, Music Inc. v. Nealy settled a longstanding circuit split and ruled 6-3 that the Copyright Act entitles a copyright owner to recover damages for any timely claim, no matter…more

Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership, Intellectual Property Protection

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Brian Murphy

The Many Flavors of Inter Partes Review Estoppel: A Review and Update

I. Introduction - The Leahy-Smith America Invents Act (“AIA”) was years in the making. From the first patent reform bill introduced by Representative Lamar Smith in June 20052 until the final House and Senate debates in…more

America Invents Act, Burden of Proof, Claim Preclusion, Estoppel, Inter Partes Review (IPR) Proceeding

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Ben Natter

Federal Court Highlights Important Considerations Concerning Foreign Trademark Owners Designating A Domestic Representative For Service Of Process At The USPTO

A recent decision at the Central District of California shines a bright light on the, perhaps unintended, consequences for ex-US trademark owners that choose to designate a domestic representative for service of process at the…more

Foreign Trade Regulations, Proof of Service, Service of Process, Trademarks, USPTO

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Georg Reitboeck

A U.S. View on the UPC – Part 8: Challenging the Validity of a Patent

On June 1, 2023, the new European Unified Patent Court (UPC) opened its doors, and enforcement of European patents in (currently) 17 contract member states is now possible with one action. This series of articles – directed at…more

Counterclaims, Declaratory Judgments, Enforcement, Inter Partes Review (IPR) Proceeding, Patent Infringement

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Annie Rock

Got Markedly Different Milk?: The Federal Circuit Weighs in on 101 and Products of Nature

In ChromaDex, Inc., v. Elysium Health, Inc., a Federal Circuit panel (“Panel”) contributed to the ongoing discussion on patent-eligible subject matter. The Panel affirmed the district court’s judgment that the asserted claims of…more

Abstract Ideas, Intellectual Property Protection, Patent Invalidity, Patent Litigation, Patent-Eligible Subject Matter

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Andrew Roper

Baxalta’s Antibody Patent Held Invalid under Amgen’s Enablement Standard by the Federal Circuit

In Baxalta, Inc. v. Genentech, Inc., the Court of Appeals for the Federal Circuit upheld a summary judgment finding from the District of Delaware (Judge Timothy B. Dyk) that claims 1-4, 19 and 20 of Baxalta’s patent directed to…more

Amgen, Amgen v Sanofi, Appeals, Enablement Inquiries, Intellectual Property Protection

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Matthew Ryan

You Use It, You Lose (Protection Over) It: Federal Circuit Clarifies Public-Use Bar Requirements

I. Minerva Surgical v. Hologic: Background - The United States Court of Appeals for the Federal Circuit issued a precedential opinion earlier this year in Minerva Surgical, Inc. v. Hologic, Inc. clarifying the “in public…more

America Invents Act, Assignor Estoppel, Intellectual Property Protection, Minerva Surgical Inc. v Hologic Inc., On-Sale Bar

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David Shotlander

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

Abbreviated New Drug Application (ANDA), Anti-Competitive, Antitrust Litigation, AstraZeneca, Causation

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Audrey Sparschu

2023 in Review at the International Trade Commission

Investigations pursuant to section 337 of the Tariff Act of 1930 at the United States International Trade Commission (“ITC”) determine “whether there is unfair competition in the importation of products into, or their subsequent…more

Anti-Dumping Duty, Antitrust Violations, Biotechnology, Cease and Desist Orders, Copyright

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Jessica Stookey

Haug Partners Successfully Defends Takeda’s Vyvanse® Patents At Trial Against Generic Challenge

On December 27, 2022, Haug Partners LLP and Gibbons PC obtained a key victory as to all counts for its client, plaintiffs Takeda Pharmaceutical Co. Ltd. and Takeda Pharmaceuticals U.S.A., Inc., defeating a generic challenge by…more

Orange Book, Patent Litigation, Patents, Pharmaceutical Patents

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Conrad Stumpf

Ordinary (Artificial) Intelligence in the Art

Given their potential to revolutionize many aspects of legal practice and intellectual property, artificial intelligence (“AI”) tools have become a mainstay in the legal space. While AI has its benefits, it also carries unknowns…more

Artificial Intelligence, Disclosure Requirements, Intellectual Property Protection, Patent Litigation, Patents

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Clarissa Toth

USPTO Refusal of Application for Registration for the Mark “Everybody vs Racism” and Current and Potential Social Slogans Functioning as Source Identifiers

In a non-precedential decision1 the Federal Circuit upheld the Trademark Trial and Appeal Board’s (“TTAB”) decision affirming that the mark “Everybody vs Racism” is not registrable as it fails to function as a trademark. As a…more

Trademark Application, Trademark Registration, Trademark Trial and Appeal Board, USPTO

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Camille Turner

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

Artificial Intelligence, Compliance, EU, Innovative Technology, Machine Learning

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Aakruti G. Vakharia

Second Circuit Affirms Dismissal of Bystolic Pharmaceutical Antitrust Class Actions, Holding Plaintiffs Must Plead Facts Showing a Reverse Payment Settlement Is Unjustified

On Monday, May 13, 2024, the U.S. Court of Appeals for the Second Circuit affirmed Judge Lewis Liman’s decision dismissing Plaintiffs’ reverse payment class actions for failure to state a claim. In re Bystolic Antitrust Litig.,…more

Antitrust Provisions, Class Action, Dismissals, Federal Trade Commission (FTC), Licensing Rules

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Juan Villazón

Chanel v. The RealReal

Chanel, the renowned French luxury brand, has historically exercised immense control over the distribution of its products, which has led to its concerns about The RealReal advertising itself as a secondhand retailer of…more

False Advertising, False Endorsements, Lanham Act, Luxury Goods, Trademark Infringement

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Andrew Wasson

FTC Opens Investigation for Orange Book Listing of Medical Device Patents After Teva v. Amneal in District of New Jersey

Summary - On June 10, 2024, the District Court for the District of New Jersey ordered Teva to delist five patents from the Orange Book for ProAir® HFA (albuterol sulfate) Inhalation Aerosol. The patents were directed to…more

Abbreviated New Drug Application (ANDA), Federal Trade Commission (FTC), Hatch-Waxman, Investigations, Medical Devices

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Haug Partners LLP

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