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Pardon Me? Why Your Assets Might Not Be So Lucky
. . . So the government's theory that civil asset forfeiture is "pardon proof" remains untested and unresolved. . . .
YMF Law Tokyo
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Secrets Can't Save Patents: The Federal Circuit's Latest Ruling On The On-Sale Bar
. . . There, the Supreme Court held that "when Congress reenacted the same [on-sale] language in the AIA, it adopted the earlier judicial construction of that phrase. . . ."YMF Law Tokyo - Article
Lost Profits Damages & On-Sale Bar To Patentability Hinge On Equipment Contract Interpretation
In Sunoco Partners Marketing & Terminals L.P. v. U.S. Venture, Inc., Nos. 2020-1640, 2020-1641 (Fed. Cir. April 29, 2022), the plaintiff-patentee, Sunoco, had asserted four patents...YMF Law Tokyo - Article
No Two Treks Are The Same: Federal Circuit Affirms TTAB In "Ranger Trek" Trademark Dispute
. . . The Federal Circuit cited with approval the TTAB's finding that "TREK by itself simply references a journey or hike" but "RANGER TREK evokes . . . a specific type of person with a mission on a RANGER TREK. . . ."YMF Law Tokyo - Article
When Taking Both Sides Backfires: The USPTO Director's Surprising Intervention In The Smart Tire Sensor Wars
In the high-stakes world of patent litigation, accused infringers often pursue parallel strategies in district court and at the Patent Trial and Appeal Board ("PTAB").YMF Law Tokyo - Article
Trademark Law And The Unlawful Use Doctrine: The Federal Circuit Confirms—the Doctrine Is A Defense To Trademark Infringement
The Federal Circuit emphasized that the district court's "blanket rejection of the unlawful use defense" was unfounded...YMF Law Tokyo - Article
What If DOGE Paid A Visit To YOUR Law Firm?
Imagine you're a law firm manager in 2025, staring at your latest practice group reports when a young data analyst from DOGE barges in.YMF Law Tokyo - Article
When It Should Be Obvious That "You Don't Know What You Don't Know"—Salix V. Norwich
"The outcome of this issue may yet prove controversial, as both the district court and the Federal Circuit arguably neglected established precedent regarding the doctrine of inherency in ruling...YMF Law Tokyo - Article
A Means-Plus-Function Trap—Presumption Fails To Save Functional Claims Lacking Structural Antecedent
. . . "This is the epitome of functional claiming: a black box that captures any and all structures that fulfill the function, just as if ‘means' was used."YMF Law Tokyo - Article
Not So Obvious: You Won't Believe How This Simple Dosing Change Became Worth Billions
Imagine you're a generic drug manufacturer, and you've spotted what looks like a billion-dollar opportunity. There's a blockbuster psychiatric medication called "paliperidone palmitate" that...YMF Law Tokyo - Article
DOGE Unleashed: If PwC Can Do It, Then Why Not DOGE?
On January 20, 2025, President Donald J. Trump signed Executive Order 14158, transforming the U.S. Digital Service ("USDS") into the Department of Government Efficiency ("DOGE") and tasking it with auditing and modernizing federal agencies under Elon Musk's leadership as a special government employee ("SGE").YMF Law Tokyo - Article
Unjustified Sealing Of Indictment Leads To Reversal Of Criminal Conviction In United States v. Boswell
In United States v. Boswell, No. 23-30315 (5th Cir. Jul. 23, 2024) ("Decision"), the Fifth Circuit addressed a multifaceted appeal involving criminal convictions on charges of bankruptcy fraud...YMF Law Tokyo - Article
John Deere Bulldozes Patent Complaint: How Plaintiffs Pled Themselves Out Of Court With Prejudice
In patent litigation, the line between sufficient pleading and pleading yourself out of court can be razor thin.YMF Law Tokyo - Article
Poof! The New Star Chamber Voids $40 Million Patent Verdict
The jury found infringement. After hearing testimony about web design patents, user interface objects, and the inner workings of Shopify's e-commerce platform...YMF Law Tokyo - Article
No Drug? No Dice! Clarifying Orange Book Eligibility For Drug-Device Patents
. . . Viewed in this light, the court's extended analysis of "drug" versus "device" components of an approved drug product may thus introduce unnecessary inconsistencies and complications in future evaluations...YMF Law Tokyo - Article
Thirty Days To Decide: Parallel ITC Proceedings, The § 271(e)(1) Safe Harbor, And The High Cost Of Strategic Miscalculation In Ascendis Pharma A/S v. BioMarin Pharmaceutical Inc.
On the morning of April 1, 2025, the day after its competitor, Ascendis Pharma, filed a New Drug Application (“NDA”) with the FDA, BioMarin Pharmaceutical Inc. filed a complaint with the U.S.YMF Law Tokyo - Article
Dirty Fuel, Dirtier Trial Tactics: The Federal Circuit Cleans Up The Mess
"The Federal Circuit did not mince words about Phillips's litigation strategy, describing it as ‘sandbagging' Magēmā with a ‘bait-and-switch.'"YMF Law Tokyo - Article
When Patent Term Adjustment Meets Obviousness-Type Double Patenting: New Insights From Allergan v. MSN
Having rejected the district court's ruling that the patents' specification failed to disclose that a glidant was optional, the Federal Circuit likewise rejected the district court's reliance onYMF Law Tokyo - Article
EDVA Rocket Docket - A Wild Ride Through Genteel Virginia
"Any request for an extension of time . . . will be looked upon with disfavor." U.S. District Court for the Eastern District of Virginia Local Rule 7(I)...YMF Law Tokyo - Article
The Post-Chevron Pendulum: From Judicial Deference To Dominance In New York State v. Trump
For forty years, Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) governed judicial-executive relations, directing courts to defer to agency interpretations...YMF Law Tokyo