he Federal Trade Commission ("FTC") sued AbbVie and Besins Healthcare, co-owners of a patent that covered brand AndroGel, in 2017. The FTC claimed that the manufacturers had...

In Baxalta, Inc. v. Genentech, Inc., the Court of Appeals for the Federal Circuit upheld a summary judgment finding from the District of Delaware (Judge Timothy B. Dyk) that claims 1-4, 19 and 20...

There is a split developing in the world over whether artificial intelligence software (AI) can be listed as an inventor on a patent application.

Antibodies are part of the body's adaptive immune response to defend itself against toxins and pathogens, such as bacteria and viruses.

Six months after the Department of Justice ("DOJ"), United States Patent and Trademark Office ("USPTO"), and the National Institute of Standards and Technology ("NIST")...

The Federal Circuit recently affirmed a district court ruling setting aside a final judgment of patent infringement, including a $1.1 million damages award and a permanent injunction.

On August 13, 2021, in a decision that largely flew under antitrust and patent practitioners' radars, U.S. District Judge Lucy H. Koh mostly denied a motion to dismiss in the alleged "reverse payment" case...

On May 26, 2021, the United States Patent and Trademark Office ("USPTO") finalized the amendments to the Rules of Practice in Patent Cases as well as the rules...

Since the Supreme Court's decision in TC Heartland (137 S. Ct. 1514 (2017)), the venue statute for patent cases, 28 U.S.C. § 1400(b), has been interpreted to mean that venue is proper only where the defendant "resides"..

Attempting to value NFTs is a speculative and challenging practice, in part because they are still relatively new and there are few comparable assets.

In Teva Pharmaceuticals USA, Inc. v. Corcept Therapeutics, Inc., the Federal Circuit affirmed the obviousness analysis performed by the Patent Trial and Appeal Board ("PTAB"),...

Walker Process holds that a party that knowingly asserts a fraudulently procured patent in an effort to monopolize a market may be liable for an antitrust violation.

That is a good question. And, as many lawyers all too often say, "it depends."

For many companies that compete in competitive markets, innovation and product improvement fuels competitive success: create a better product than your competitors, and over time, make it better.

This article compares two recent Federal Circuit opinions concerning IPR cases addressing the nexus requirement for objective indicia of non-obviousness.

For many companies that compete in competitive markets, innovation and product improvement fuels competitive success: create a better product than your competitors, and over time, make it better.

Since the Supreme Court ruling in Alice Corporation v. CLS Bank International, 573 U.S. 208, 134 S.Ct. 2347 (2014), the Court of Appeals

The concept of "privilege" is critically important in the United States legal system and litigation.

On October 9, 2018, the Federal Circuit added to its growing collection of favorable Alice step one rulings by reversing portions of a decision from the U.S. District Court for the District of Delaware...

A common conception in the U.S. is that in European litigation, parties have no means to obtain evidence from the opponent or a third party and have to produce any evidence they want to rely on by themselves.