On May 6, 2025, the U.S. Court of Appeals for the Federal Circuit refined the boundaries of injunctive relief under the Hatch-Waxman Act in its precedential opinion in Jazz Pharms., Inc. v. Avadel CNS Pharms. The decision…
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/ Administrative Law, Health, Intellectual Property
Since Acting USPTO Director Coke Morgan Stewart took office in 2025, the Patent Trial and Appeal Board (PTAB) has overhauled its discretionary denial procedures for inter partes reviews (IPRs) and post-grant reviews (PGRs)…
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/ Administrative Law, Civil Procedure, Intellectual Property
On April 18, 2025, the Federal Circuit issued an opinion in Recentive Analytics, Inc. v. Fox Corp. addressing for the first time whether patents that claim no more than the application of generic machine learning to a new data…
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/ Intellectual Property, Science, Computers, & Technology
In a formulation claim, if elements are listed separately, does this necessarily entail that those elements are “separate and distinct components”? This was the question before the district court in Regeneron Pharmaceuticals,…
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/ Health, Intellectual Property, Science, Computers, & Technology
In Actavis Labs. FL, Inc. v. U.S. (“Actavis”), a recent precedential decision, the Federal Circuit answered an important practical question regarding the interplay between the Hatch-Waxman Act and the Internal Revenue Code: are…
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/ Health, Intellectual Property, Taxation
On February 10, 2025, the Federal Circuit issued a precedential decision in Kroy IP Holdings, LLC v. Groupon, Inc., where the Court held that a “a prior final written decision of the [PTAB] of unpatentability on separate patent…
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/ Administrative Law, Civil Procedure, Intellectual Property
This month the Supreme Court denied certiorari on Edwards Lifesciences Corp. v. Meril Life Sciences Pvt. Ltd., and in doing so, seemingly indicated its support for a broad interpretation of the Hatch-Waxman safe harbor provision…
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/ Administrative Law, Civil Procedure, Health, Intellectual Property
The Federal Circuit’s recent precedential decision in Crown Packaging Technology Inc. v. Belvac Production Machinery, Inc. is noteworthy because it discusses two key requirements of the on-sale bar prong of pre-AIA section…
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/ Civil Procedure, Commercial Law & Contracts, Intellectual Property
On January 21, a Northern District of California Court denied Plaintiff Tevra Brands LLC’s (“Tevra’s”) Motion for a New Trial, after a Jury found that Defendant Bayer Healthcare LLC (“Bayer”) did not monopolize the relevant…
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/ Antitrust & Trade Regulation, Business Torts, Civil Procedure
Effective January 18, 2025, the USPTO will increase government fees for certain trademark and service mark related filings and requests. Fee changes relating to the Madrid Protocol designations at the USPTO and for renewals of…
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/ Administrative Law, Intellectual Property
On July 19, 2024, the United States Olympic & Paralympic Committee (“USOPC”) filed a complaint against performance sports beverage company Prime Hydration, LLC (“Prime Hydration” or “Prime”) in the United States District Court…
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/ Antitrust & Trade Regulation, Art, Entertainment, & Sports Law, Intellectual Property
Recently, the Trademark Trial and Appeal Board (the “TTAB”) affirmed the decision to cancel Registration Nos. 5,376,467 and 5,376,466, for the marks SMARTLOCK and SMARTLOCK with design (the “Smartlock Marks”), in the name of…
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/ Administrative Law, Intellectual Property
On Monday, October 7, 2024, the U.S. Supreme Court (“SCOTUS”) denied United Therapeutics Corporation (“UTC”) petition for certiorari clearing the way for Liquidia Corporation (“Liquidia”) to launch its Yutrpia® drug product…
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/ Administrative Law, Civil Procedure, Intellectual Property
On September 3, 2024, the Federal Circuit issued a precedential decision affirming a district court decision where claims relating to “video-on-demand” systems did not constitute patentable subject matter because the claims…
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/ Civil Remedies, Communications & Media Law, Intellectual Property, Science, Computers, & Technology
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…
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/ Consumer Protection, Privacy, Science, Computers, & Technology
