News & Analysis as of

Monopolization Patent Litigation

Baker Botts L.L.P.

Avoiding Demurrer: Properly Pleading Inequitable Conduct

Baker Botts L.L.P. on

Properly pleading inequitable conduct claims is a challenge, a challenge that can be met with early due diligence and attention to detail in your pleading....more

WilmerHale

The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences - May 2024

WilmerHale on

Second Circuit Affirms “Pay for Delay” Dismissal:  On May 13, 2024, the Second Circuit affirmed dismissal of antitrust claims brought by wholesalers, retailers, and employee benefit funds that alleged they overpaid for the...more

Robins Kaplan LLP

Takeda Pharma Co. v. Zydus Pharma Inc.

Robins Kaplan LLP on

Case Name: Takeda Pharma Co. v. Zydus Pharma Inc., No. 18-1994, 2021 WL 3144897 (D.N.J. July 26, 2021) (Wolfson, J.) - Drug Product and Patent(s)-in-Suit: Prevacid® SoluTab™ (lansoprazole delayed-release orally-disintegrating...more

Patterson Belknap Webb & Tyler LLP

Another Update on the Patent “Aggregation” Suit Against Fortress

There have been several developments since we last wrote about Intel and Apple’s suit against Fortress and several of its so-called “patent assertion entities” (collectively, “Fortress”) based on the allegedly anticompetitive...more

Morrison & Foerster LLP - Federal Circuitry

Return to Sender: When Courts of Appeals Disagree on Which One Has Jurisdiction

What happens when two courts of appeal each think the other has exclusive jurisdiction over an appeal? Confusion and inter-circuit criticism. The latest chapter in such a dispute between the Federal and Fifth Circuits on the...more

Patterson Belknap Webb & Tyler LLP

Fifth Circuit Impax Decision Validates FTC’s Post-Actavis Approach to Reverse Payments

On April 13, 2021, the Court of Appeals for the Fifth Circuit issued its long-anticipated decision in Impax v. FTC, marking the first time an appellate court has weighed in on the merits of a so-called reverse payment case...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2019 #2

Curver Luxembourg, SARL v. Home Expressions Inc., Appeal No. 2018-2214 (Fed. Cir. Sept. 12, 2019) In a significant case in the field of design patents, the Federal Circuit clarified the scope of design patent infringement...more

Mintz - Intellectual Property Viewpoints

Another Shoe Drops in the Qualcomm Patent Licensing Saga

Just when observers thought Qualcomm could celebrate its successful litigation with Apple another decision has come down which could have major implications for Qualcomm’s business going forward. In much-anticipated 233-page...more

Knobbe Martens

Xitronix Corporation v. KLA-Tencor Corporation [Order]

Knobbe Martens on

Federal Circuit Summaries - Before Prost, Newman, Mayer, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. Petition for panel rehearing and rehearing en banc. Summary: Judge Newman...more

McDermott Will & Emery

Accused Infringer Rides Antitrust Roller Coaster - Magnetar Technologies Corp. v. Intamin Ltd.

McDermott Will & Emery on

Addressing antitrust issues in connection with a dismissed patent infringement lawsuit, the U. S. Court of Appeals for the Ninth Circuit affirmed a grant of summary judgment dismissing antitrust and malicious prosecution...more

McDermott Will & Emery

ANDA Update - October 2015

McDermott Will & Emery on

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

Patterson Belknap Webb & Tyler LLP

Turing, Daraprim, and Refusals to Deal with Generic Manufacturers

Drug company Turing Pharmaceuticals made headlines recently when it reportedly raised the price of Daraprim, used commonly by AIDS patients to fight life-threatening infections, from $13.50 to $750 per tablet. Amidst...more

BakerHostetler

Drawing a Line in the Floor—Courts Are Struggling With the Overlap Between Design Patent and Copyright

BakerHostetler on

In 2003 the U.S. Supreme Court in Dastar Corp. v. Twentieth Century Fox Film Corp. emphasized that “[t]he rights of a patentee or copyright holder are part of a ‘carefully crafted bargain,’… under which, once the patent or...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad: Australian High Court Has Ruled in Myriad Gene Patent Case

The Australian High Court yesterday unanimously overturned six lower court judges and dismissed some very careful reasoning to not only follow the U.S. Supreme Court in invalidating claims to the BRCA1 and 2 gene sequences,...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad: High Court Rules Myriad's BRCA Genes Not Patentable Subject Matter in Australia

Just over one year after the Full Federal Court of Australia unanimously upheld an earlier Federal Court decision that naturally occurring nucleic acid molecules are patentable in Australia, the High Court of Australia has...more

Foley & Lardner LLP

Australia High Court Rules Against Gene Patents

Foley & Lardner LLP on

Colleagues in Australia have been spreading the bad news: The High Court of Australia followed the lead (?) of the U.S. Supreme Court and determined that Myriad cannot patent the isolated BRCA1 gene in Australia. Thanks to...more

Morrison & Foerster LLP

MoFo IP Newsletter - October 2015

The Survey Says: Tiffany Is Not Generic for A Ring Setting - Last month, the Southern District of New York granted summary judgment to Tiffany & Co. on its trademark infringement claim against Costco Wholesale...more

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