In prior posts for this series, we have discussed areas of law where Commissioners have voiced their dissent and demonstrated a clear divide among the decision-makers.

On July 3, 2024, the World Intellectual Property Organization (WIPO) published a Patent Landscape Report on Generative Artificial Intelligence (GenAI). The report provides a historical and technical overview...

The Spring Meeting is the largest gathering of competition, consumer protection, and data privacy profes­sionals globally, with lawyers, academics, economists, enforcers, journalists, and students from around the world.

As previously reported, the appeal in Fullview v. Polycom, No. 23-1201, involved the question of whether common sense may be relied upon to supply a missing limitation in an obviousness analysis.

Last week, Congress enacted the Consolidated Appropriations Act of 2026. This legislation narrows the scope of the statutory protection for drugs for rare diseases and conditions under the Orphan Drug Act, 21 U.S. Code § 360cc.

The interplay between contentions and expert reports in a patent case always requires considered judgment. The common sense rule that an expert may "expand on" but not "deviate from"...

When can a customer's use of a system claim be vicariously attributed to the system component manufacturer? In CloudofChange v. NCR Corp., No. 2023-111...

As discussed in November and December, the FTC has placed improper Orange Book patent listings squarely in its crosshairs. Initially, based on its September 2023 policy statement...

On January 14, 2025, the United States Patent and Trademark Office (USPTO) published its Artificial Intelligence Strategy, outlining five AI Focus Areas...

The American Bar Association’s recent Antitrust in Healthcare Conference brought together enforcers, academic researchers, economists, and members of the bar for a lively, wide-ranging discussion...

A federal district court denied Zillow and Redfin's motion to dismiss antitrust complaints alleging the companies engaged in an anticompetitive agreement to eliminate competition in the multifamily rental advertising market. The court found the complaints sufficiently pleaded violations under the Sherman Act, Clayton Act, and FTC Act, applying quick-look analysis to bypass certain market definition requirements.

In a much-watched case concerning the administrative state, on June 27, the Supreme Court decided in SEC v. Jarkesy that defendants facing a fraud suit by the SEC have a Seventh Amendment...

The law of patent eligibility was pretty quiet for decades until the Supreme Court breathed new life into Section 101 invalidity challenges in a series of decisions starting in 2010 with Bilski v. Kappos.

To follow up on my February 6, 2024 post, Federal Circuit Judges Prost, Taranto, and Chen heard oral argument on February 9, 2024 in Maxell v. Amperex, No. 23-1194...

The Federal Circuit's recently issued decision in the Amarin/Hikma case continues the drama around skinny labeling for generic and biosimilar products, but the panel certainly went out of its way to couch its analysis.

Last month I checked in on a discovery dispute regarding the timeliness of disclosing noninfringing alternatives (NIAs) in a case with only two rounds of expert reports.

On January 8, 2025, Administrative Law Judge (ALJ) Cameron Elliot issued a public version of the Initial Determination (ID) in Certain Video Capable Electronic Devices...

On Friday, Feb. 7, 2025, the Federal Circuit issued a precedential opinion in Wuhan Healthgen Biotech. Corp. v. U.S. Int'l Trade Comm'n, No. 23-1389, 2025 WL 420819 (Fed. Cir. 2025).

On April 30, 2024, the Silicon Valley Arbitration and Mediation Center published the 1st edition of its Guidelines on the Use of AI in Arbitration, which "shall apply when and to the extent...

We're excited to be visiting Sydney next week to catch up with competition law colleagues on our way to the ABA 2025 Asia-Pacific Conference. This is a time of unprecedented activity and change in antitrust law and policy worldwide.