5 Key Takeaways | Rolling with the Legal Punches: Resetting Patent Strategy to Address Changes in the Law
Verdict in T-Cell Immunotherapy IP Case Tests 'Reasonable Royalty' Concept for Large Damage Awards
The court has reminded brand owners that position trade marks must comprise a single identifiable sign, and cannot be left open-ended by broad written descriptions. Fashion brand Thom Browne applied for declarations of...more
In Brita LP v. Int’l Trade Comm’n, No. 24-1098 (Fed. Cir. Oct. 15, 2025), the Federal Circuit, in a precedential opinion, affirmed the International Trade Commission’s (“ITC” or “Commission”) decision that certain claims of...more
As artificial intelligence (AI) becomes a fixture across a broad range of technological fields, AI technology continues to evolve at rapid rates. This highly compressed development lifecycle for AI products presents novel...more
The US Court of Appeals for the Federal Circuit affirmed the US International Trade Commission’s (Commission) decision that a water filtration patent was invalid for lack of written description and enablement because the...more
Attend ACI's 8th Annual Summit on Life Sciences IP Due Diligence, and join IP counsel from across the life sciences industry to benchmark your diligence strategies, strengthen portfolio valuation approaches, and stay ahead of...more
In this edition of The Precedent, we outline the decision in Mondis Technology Ltd. v. LG Electronics Inc. In Mondis Technology Ltd. v. LG Electronics Inc., the Federal Circuit addressed the scope of the presumption of...more
Nature of the Case and Issue(s) Presented: Plaintiff American Regent, Inc. (“ARI”) sued multiple ANDA filers (including Sun, Cipla, RK Pharma, and Aspiro) under § 271(e)(2) of the Hatch Waxman Act, and moved for a preliminary...more
After more than six years of high-stakes litigation in multiple courts and regulatory fights at the Food and Drug Administration (FDA), generic versions of Novartis Pharmaceuticals Corp. (“Novartis”)’s Entresto® have entered...more
Beginning in November 2024, Merck Sharp & Dohme, LLC (“Merck”) requested post-grant review (“PGR”) of 14 patents owned by Halozyme, Inc. (“Halozyme”), with claims directed to modified PH20 hyaluronidase polypeptides,...more
Causam Enterprises, Inc. v. ecobee Technologies ULC, No. 2024-1958 (Fed. Cir. (PTAB) Oct. 15, 2025). Opinion by Taranto, joined by Chen and Stoll. Causam asserted a patent that addresses techniques for actively controlling...more
Nature of the Case and Issue(s) Presented: Tymlos is used to treat osteoporosis. The API in Tymlos, abaloparatide, is a synthetic analog of the first 34 amino acids of parathyroid hormone related protein (“PTHrP”). Early...more
Companies interested in researching, developing, and commercializing pharmaceutical compounds should be aware of not only strategies for patenting the compound itself, but strategies for patenting polymorphs of the compound....more
Intellectual property (IP) strategy in the life sciences evolves as rapidly as the scientific breakthroughs driving the industry. Since the America Invents Act reshaped the U.S. patent system more than a decade ago, courts...more
For many technologies, what the innovation “does” is more important, and easier to describe, than what it “is.” When an innovation can be embodied in something tangible with measurable properties, it’s usually easier to...more
On October 2, 2025, the United States Court of Appeals for the Federal Circuit (Judges Dyk, Prost, and Stoll) (“Federal Circuit”) affirmed the District of Delaware’s judgment in a patent infringement action holding that Rex...more
In this edition of The Precedent, we outline the decision in In re: Xencor, Inc. Xencor, Inc. (“Xencor”) filed U.S. Patent Application No. 16/803,690 (the “’690 Application”), which was directed to a method for treating...more
In FMC Corp. v. Sharda USA, LLC, Appeal No. 24-2335, the Federal Circuit held that the district court erred by construing a claim term based on disclosures made in a provisional application and an unasserted patent in the...more
The Federal Circuit’s recent decision in Google LLC v. Sonos, Inc. (24-1097) offers a compelling look at the evolving doctrine of prosecution laches, the written description requirement, and the practical realities of patent...more
On August 20, 2025, the U.S. District Court for the District of Delaware (court) found inequitable conduct when Applicant, Lindis Biotech, GMBH (Lindis), relied on data from hastily performed experiments to obtain a patent...more
The US Court of Appeals for the Federal Circuit reversed a district court’s decision upholding patent validity, finding that the subject patent’s specification clearly established that the written description failed to...more
Mondis Technology Ltd., et al. v. LG Electronics Inc., et al., Nos. 2023-2117, -2116 (Fed. Cir. (D.N.J.) Aug. 8, 2025). Opinion by Hughes, joined by Taranto and Clevenger....more
MONDIS TECHNOLOGY LTD., HITACHI MAXELL, LTD., NKA MAXELL HOLDINGS, LTD., MAXELL, LTD. v. LG ELECTRONICS INC., LG ELECTRONICS USA, INC. - Before Taranto, Clevenger, and Hughes. Appeal from the United States District Court...more
For startups sensitive to cash burn rate, provisional patent applications often seem like the perfect solution—lower filing fees, simplified requirements, and a full year to file the "real" application. However, this...more
A patent applicant dissatisfied by an patent examiner's rejection of that applicant's claims in ex parte prosecution has recourse by appeal to the Patent Trial and Appeal Board (PTAB) under 35 U.S.C. § 134, and to the Federal...more
Mondis Tech. Ltd. v. LG Electronics Inc., Appeal Nos. 2023-2117, -2116 (Fed. Cir. Aug. 8, 2025) Our Case of the Week focuses on the written description requirement, and, in particular, how that requirement is considered...more