News & Analysis as of

Patents

McDermott Will & Schulte

E-I-E-I-No patents for data harvesting

Addressing patent eligibility and attorneys’ fees, the US Court of Appeals for the Federal Circuit affirmed a district court’s ruling that five farming data patents were directed to patent-ineligible subject matter, but...more

Volpe Koenig

Extending Your Patent: Continuation and Divisional Patent Practices & Strategies in Worldwide Jurisdictions

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In most commercially significant inventions, strategic filing of various types of “child” patent applications (patent applications extending from an original or “parent” patent application) in various worldwide jurisdictions...more

Venable LLP

Supreme Court Clarifies Standard for Pleading Inducement of Patent Infringement in Hikma v. Amarin

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On June 4, 2026, a unanimous Supreme Court in Hikma Pharms. USA Inc. v. Amarin Pharma, Inc., No. 24-889, clarified the standard for pleading induced patent infringement under 35 U.S.C. § 271(b). ...more

Goodwin

Alvotech’s BLA for Vedolizumab Biosimilar First to be Accepted by FDA

Goodwin on

On June 8, Alvotech announced that the U.S. Food and Drug Administration (“FDA”) has accepted Alvotech’s Biologics License Application (“BLA”) for AVT16, a proposed interchangeable biosimilar to Takeda’s ENTYVIO...more

Womble Bond Dickinson

What the Supreme Court’s Latest Decision on Skinny Labeling Means for Branded Drug Manufacturers

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On June 4, 2026 in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., the U.S. Supreme Court issued a unanimous decision that materially recalibrates inducement analysis in the context of Section viii carve-outs....more

Stradling Yocca Carlson & Rauth

You Had Your Chance: Director Squires Slams the Door on Second-Bite IPR Petitions

Background - In a precedential Director discretionary denial issued May 14, 2026, USPTO Director John A. Squires denied institution of inter partes review in Magnolia Medical Technologies, Inc. v. Kurin, Inc., holding that...more

Knobbe Martens

Does the USPTO Issue “Secret Patents” on Aerospace Innovations?

Knobbe Martens on

Despite periodic mentions by aerospace innovators of “secret patents,” this author is not aware of any evidence of such patents. There may be confusion with “Secrecy Orders,” which apply to patent applications, but not to...more

Bradley Arant Boult Cummings LLP

One Question Too Few: A Win on Eligibility Undone by the Verdict Form

In Ollnova Technologies Ltd. v. ecobee Technologies ULC, the Federal Circuit handed Ollnova a string of doctrinal wins — three of its four patents cleared the patent eligibility hurdle under 35 U.S.C. § 101 — only to throw...more

Hogan Lovells

Supreme Court clarifies limits of induced infringement liability for skinny labels

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The U.S. Supreme Court has now issued its decision in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., unanimously reversing the Federal Circuit and narrowing the circumstances in which generic drug manufacturers may...more

Whiteford

Patent Fee-Shifting after mCom, Realtime and Dragon - What Changed in the Enforcement Calculus

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Patent enforcement has always required two decisions, not one. The first is the obvious question: can the patent owner prove infringement and survive the expected validity challenges? The second is the question that...more

Adler Pollock & Sheehan P.C.

AI, Patent Strategy, and What Actually Drives Outcomes in 2026 – Part 3

Investment Committee Takeaways - Agentic AI is changing diligence from a fixed workstream into a continuously operating risk engine. The core question is no longer whether a portfolio looks strong; it is whether the portfolio...more

Bradley Arant Boult Cummings LLP

6 Questions to Ask Before Filing an IPR Petition

On October 17, 2025, USPTO Director John Squires issued a memorandum announcing that he would be sole decision-maker for institution of inter partes review (IPR) and post-grant review (PGR) proceedings....more

Bradley Arant Boult Cummings LLP

Hikma v. Amarin and a Clarified Standard for Induced Patent Infringement Under 35 U.S.C. § 271(b)

In Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. (June 4, 2026), a unanimous Supreme Court has further clarified what it takes to plead — and ultimately prove — that a defendant induced another party to infringe a...more

Fenwick & West LLP

Supreme Court Clarifies ‘Skinny Label’ Induced Infringement Standard, Backing Generic Drugmakers

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The Supreme Court unanimously ruled in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma Inc., No. 24-889, that a branded pharmaceutical company alleging induced patent infringement against a generic manufacturer must plausibly...more

Fenwick & West LLP

Federal Circuit Vacates Smart Thermostat Verdict, Clarifies Jury Instruction and Verdict Form Requirements

Fenwick & West LLP on

The Federal Circuit’s new precedential decision in Ollnova Technologies Ltd. v. ecobee Technologies ULC may have significant implications for how patent cases are tried, particularly in multi-patent disputes involving...more

A&O Shearman

Federal Circuit Affirms Indefiniteness Of "About" In Patent Claiming pH Range For Poultry Processing Method

A&O Shearman on

On May 4, 2026, the United States Court of Appeals for the Federal Circuit (Judges Lourie, Prost, and District Judge Burroughs) affirmed a decision of the United States District Court for the Eastern District of Arkansas...more

A&O Shearman

U.S. Supreme Court Holds Generic Manufacturer's "Skinny Label" and Marketing Did Not Induce Patent Infringement

A&O Shearman on

On June 4, 2026, Justice Ketanji Brown Jackson, writing for a unanimous Supreme Court of the United States, reversed a decision by the United States Court of Appeals for the Federal Circuit and held that Amarin Pharma, Inc....more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Hikma Pharms USA Inc. v. Amarin Pharma, Inc.

Hikma Pharms USA Inc. v. Amarin Pharma, Inc., Appeal No. 24-889 (Sup. Ct. June 4, 2026) - In its first patent case of 2026, the Supreme Court addressed a question of induced infringement as applied to the pharmaceutical...more

Morgan Lewis

UPC Court of Appeal Clarifies Jurisdiction Over Non-UPC Patents in Fujifilm v Kodak

Morgan Lewis on

The UPC Court of Appeal has delivered an important ruling in Fujifilm v Kodak, confirming that the Unified Patent Court’s jurisdiction may extend to non-UPC European patent designations. The decision distinguishes between the...more

Axinn, Veltrop & Harkrider LLP

The Skinny Line Between Possible and Plausible

By now most people have heard that Hikma v. Amarin, No. 24–889 (June 4, 2026), was an overall favorable decision for skinny labeling. But what are the practical takeaways? Here we outline the facts and factors considered by...more

Foley Hoag LLP

Hikma v. Amarin: It’s Not Just About Skinny Labels

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Key Takeaways: In Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., No. 24-889, the Supreme Court reversed the Federal Circuit and held that a generic drug manufacturer’s FDA-compliant skinny label, combined with...more

Arnall Golden Gregory LLP

Trimming the Fat: Supreme Court Slims Down Skinny Label Liability

On June 4, 2026, the United States Supreme Court issued its decision in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. In its decision, the Supreme Court reversed the Federal Circuit, and held that Amarin’s complaint...more

McDermott+

McDermott+ Check-Up – June 5, 2026

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The Senate passed the reconciliation 2.0 package, which funds ICE and CBP and includes no healthcare provisions. The bill now moves to the House, though Republican leadership cancelled Friday votes, postponing further action...more

Venable LLP

Spotlight On: Actemra® (tocilizumab) / Tofidence™ (tocilizumab-bavi) / Tyenne® (tocilizumab-aazg) / Avtozma® (tocilizumab-anoh) -...

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Tocilizumab Challenged Claim Types in IPRs: Claims are counted in each IPR, so claims from the same patent challenged in multiple IPRs are counted more than once. Within each IPR, claims are counted only once, whether they...more

Venable LLP

Spotlight On: Enbrel® (etanercept) / Erelzi® (etanercept-szzs) / Eticovo® (etanercept-ykro) - June 2026

Venable LLP on

Etanercept Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple...more

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