The Federal Circuit's decision on claim construction, Barrday, Inc. v. Lincoln Fabrics, Inc., 2023-1903, 2023 WL 7871688 (Fed. Cir. Nov. 16, 2023), takes a dizzy dive into the age-old question...

Transactions valued at over $119.5 million will require HSR premerger notification in 2024. The updated thresholds are expected to take effect for transactions...

In the wake of the recent major revisions to the federal merger review form, states are also getting into the act, creating broad new transaction notification requirements.

Financial pressures on rural and critical access hospitals are well documented. Losses due to low reimbursements by private insurers, significant volumes of Medicare...

Each May, the American Health Law Association holds its Health Care Transactions Conference in Nashville, Tennessee.

Novo Nordisk recently made headlines petitioning FDA to stop the compounding of its blockbuster GLP-1 products so it can sell its patented semaglutide drugs exclusively.

The U.S. Supreme Court recently denied a trade secret owner's petition for certiorari in Trizetto Group, Inc. v. Syntel Sterling Best Shores Mauritius Limited.1 This leaves unresolved a question...

The America Invents Act ("AIA") bars a person from obtaining a patent when the "claimed invention" had been "on sale" more than one year before the filing date of the patent. 35 U.S.C. § 102(a)(1).

Each January, the Federal Trade Commission announces the new thresholds for pre-merger notifications under the HSR Act, which are updated each year based on changes in the gross national product.

The Department of Justice's years-long campaign to criminally prosecute no-poach agreements may be taking a hiatus. On November 13, 2023, the DOJ moved to dismiss its indictment...

The Federal Trade Commission's landmark settlement with Caremark fundamentally restructures how one of America's three largest prescription drug benefit managers operates, targeting allegedly anticompetitive practices that artificially inflated medication costs. The agreement mandates sweeping reforms to formulary design, rebate strategies, and fee structures that the FTC claims have cost patients billions while enriching PBMs as pharmaceutical supply chain gatekeepers.

On February 5, 2025, a staffer from the office of Congressman Scott Fitzgerald (R-WI), Chairman of the Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust, also indicated that the House is exploring a potential action to block the rules under the Congressional Review Act (CRA)...

On April 13-15, Axinn partners Lisl Dunlop and Leslie Overton and counsel Carol Liu attended the Health Care Transactions Conference hosted by the American Health Law Association (AHLA).

As part of the Food and Drug Law Institute's Annual Conference last week, Axinn Partner and FDA Practice Group Chair Chad Landmon participated in a panel titled...

In the ten years since the Supreme Court ruled in Federal Trade Commission v. Actavis that reverse payment settlements—or settlements where a patent holder pays an accused patent infringer cash...

Ruxolitinib, shown below, is sold under the brand name Jakafi and is a small molecule inhibitor of JAK1/JAK2.

On February 9, the fiery battle between grill manufacturers Traeger Pellet Grills LLC and GMG Products LLC heads to the Federal Circuit for oral argument.

The Panduit test for determining lost profits in a patent case is almost fifty years old. The four-factor test doesn't exactly roll off the tongue, but it has persevered.

The Third Circuit (Cornish-Adebiyi v. Caesars Entertainment, Inc.) has now joined the Ninth Circuit (Gibson v. Cendyn Group, LLC) in evaluating dismissal of claims by casino hotel guests...

The Federal Circuit's claim construction gospel set forth in Phillips has been entrenched in the minds of patent litigators for nearly 20 years.1 The intrinsic evidence - the claims, specification...