Patent Law Weblog
recent posts
- Why the Alice Test is Stupid, Part IV: The Usefulness Paradox
- Teva Capitulates to Federal Trade Commission Coercion
- USPTO Issues Memoranda on Subject Matter Eligibility
- USPTO Revokes Guidance on AI-Assisted Inventorship, But Rules Remain Basically the Same
- Why the Alice Test is Stupid, Part III: Eligible Independent Claims Can Have Ineligible Dependent Claims
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Category: Patent Litigation
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By Manav Das — The U.S. Open tennis championships are currently underway in New York, with the main draw starting on a Sunday for the first time. In the singles competition, top players like Emma Raducanu, Novak Djokovic, and Aryna Sabalenka are headlining the early rounds. Amidst the on-court action, intellectual property (IP) remains a…
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By Kevin E. Noonan — United Therapeutics Corp. (UTC) and Liquidia Technologies Inc. have been battling for close to a decade over their respective inhaled formulations of treprostinil (UTC's Tyvaso®, Liquidia's Yutrepia™) for treatment of pulmonary hypertension and their dispute is not yet over, both parties filing suits asserting patents against one another. Treprostinil In…
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By Andrew Velzen — I have previously written extensively on the ongoing legal battle between Nintendo / The Pokémon Company (referred to herein collectively as simply "Nintendo") and PocketPair over PocketPair's popular video game Palworld.[1] This past week, PocketPair published a blog post addressing some of the recent and upcoming in-game changes.[2] The PocketPair blog…
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By Kevin E. Noonan – In a decision characterized (somewhat remarkably) by the Circuit Court as being one of first impression, the Second Circuit affirmed dismissal with prejudice of an antitrust allegation by a class of plaintiffs* against Forest Laboratories and several generic drug companies** for settlement agreements in ANDA litigation, in CVS Pharmacy Inc. v. Forest…
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By Kevin E. Noonan – On Friday, August 26th, Moderna Tx, Inc. and Moderna US, Inc. filed a complaint for patent infringement in Federal district court for the District of Massachusetts against Pfizer, Inc., BioNTech SE, BioNTech Manufacturing GmbH, and BioNTech US, Inc. (A parallel suit was filed in Germany asserting Moderna's corresponding German patents.) There are…
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By Donald Zuhn — Earlier this month, the U.S. Chamber of Commerce sent a letter to members of Congress indicating that the Chamber "strongly supports" recent House and Senate legislation that the Chamber noted "would prohibit the Administration from negotiating or concluding any modifications to the World Trade Organization (WTO) Trade-Related Aspects of Intellectual Property…
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By Bryan Helwig — The COVID-19 pandemic has brought the world economy to a standstill and the U.S. legal industry has not been immune. Firms continue to implement cost-saving measures by reducing salaries, implementing furloughs, and in dire situations, reducing staff and attorney numbers. The legal industry is now clearly a COVID-19 work-from-home profession. District…
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By Donald Zuhn — On March 11, World Health Organization Director-General Tedros Adhanom declared that the COVID-19 outbreak "can be characterized as a pandemic," cautioning that the WHO has "rung the alarm bell loud and clear." At the time of the announcement, the WHO noted that there were 118,000 cases reported globally; in its latest…
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By Kevin E. Noonan — Those with moderate memories may recall that there was a spate of qui tam actions several years ago for false marking of patented articles, aimed at manufacturers who had neglected to remove patent marking from their products after their patents had expired. Some of these transgressions were of ancient provenance,…
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By Donald Zuhn — Last week, in Novartis Pharmaceuticals Corp. v. Par Pharmaceutical Inc., District Judge Richard G. Andrews of the U.S. District Court for the District of Delaware granted a Motion for Estoppel under 35 U.S.C. § 315(e)(2) filed by Novartis Pharmaceuticals Corp. Defendant Par Pharmaceutical Inc. had taken no position on the estoppel…
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