The Federal Circuit recently granted district courts broad personal jurisdiction over Hatch-Waxman Act defendants in Accorda Therapeutics, Inc. v. Mylan Pharmaceuticals, Inc...

In the event of potential infringement, an intellectual property attorney will generally consider sending a demand letter to put the potential infringer

On September 17, 2021, in Beasley v. Howard, 14 F.4th 226 (3d Cir. 2021), the Third Circuit joined the Second and Ninth Circuits in ruling that prior trademark cancellation actions in front of the Trademark Trial and Appeal Board...

The Supreme Court yesterday issued its first opinion interpreting the BPCIA, the statute which created a pathway for the approval of abbreviated applications to market biological products.

In TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court limited venue in patent suits against domestic corporations to: (1) the corporation's state of incorporation or....

On May 22, 2015, Amarin moved for a preliminary injunction to prevent the FDA from filing a misbranding suit for its proposed communications with doctors about Vascepa.

On May 23, 2017, in NeoChord, Inc. v. University of Maryland, Baltimore and Harpoon Medical, Inc., the Patent Trial and Appeal Board ("PTAB") granted the University's motion to dismiss...

The panel pushed back on the "sky is falling" view of Amgen and amici that the panel's decision would "devastate" incentives to invest in drug discovery.

In an earlier article, we discussed whether the Supreme Court's recent decision in Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S.Ct. 1962 (2014) left intact the doctrine of laches in patent infringement actions.

Biologics are revolutionizing the pharmaceutical industry, and in doing so, garnering an increasing share of antitrust attention. In recent years, the FTC, FDA, and antitrust plaintiffs' bar have raised concerns about a...

In an August 10, 2017 opinion, AIA America, Inc. v. Avid Radiopharmaceuticals, a Federal Circuit panel held that 35 U.S.C. § 285 does not establish a right to a jury trial when attorney's fees are requested.

The proposed Trans-Pacific Partnership seemingly contains a bid by the US to increase standards for compulsory licences above those already in place internationally, say Sandra Kuzmich and Russell Garman of Frommer Lawrence & Haug.

On May 11, 2021, the Federal Circuit affirmed the District Court of Delaware's judgment that patents belonging to Pacific Biosciences of California ("PacBio") were invalid for lack of enablement under 35 U.S.C. § 112.

On June 12, 2017, in a unanimous decision, the Supreme Court of the United States decided Sandoz Inc. v. Amgen Inc., which concerned certain disclosure and notice requirements imposed by the of BPCIA 2009...

On December 2, 2015, the Federal Circuit in MCM Portfolio LLC v. Hewlett-Packard Co., held that the inter partes review provisions promulgated under the America Invents Act (2011) do not violate Article III or the Seventh Amendment.

A recent decision at the Central District of California shines a bright light on the, perhaps unintended, consequences for ex-US trademark owners that choose to designate a domestic representative...

The order dismissed one of the patent-in-suit's owners—the Regents of the University of Minnesota—but denied the motion to dismiss as to the patent's co-owner Toyota Motor Corp.

Is the Patent Trial and Appeal Board ("Board") constitutional? This was a question asked by Mobility Workx in Mobility Workx, LLC v. Unified Patents, LLC, 2021-1441, 2021 WL 4762265 (Fed. Cir. 2021).

In a non-precedential decision the Federal Circuit upheld the Trademark Trial and Appeal Board's ("TTAB") decision affirming that the mark "Everybody vs Racism"...

On August 28, 2019, the United States Patent and Trademark Office ("USPTO") announced proposed changes to increase fees for a number of trademark-related matters.