Category: Uncategorized

By Kevin E. Noonan – In addition to the briefs from the parties, seventeen amicus briefs were filed with the Supreme Court in Hikma v. Amarin: six in favor of Petitioner Hikma, seven in favor of Respondent Amarin, and the remaining five on behalf of neither party (although the latter category is in some instances…

By Kevin E. Noonan – In addition to the briefs from the parties, seventeen amicus briefs were filed with the Supreme Court in Hikma v. Amarin: six in favor of Petitioner Hikma, seven in favor of Respondent Amarin, and the remaining five on behalf of neither party (although the latter category is in some instances…

By Kevin E. Noonan – In addition to the briefs from the parties, seventeen amicus briefs were filed with the Supreme Court in Hikma v. Amarin: six in favor of Petitioner Hikma, seven in favor of Respondent Amarin, and the remaining five on behalf of neither party (although the latter category is in some instances…

By Kevin E. Noonan – In recent years, the Federal Circuit has, with varying levels of agreement, considered what behavior by generic drugmakers constitutes inducement of infringement regarding so-called “off-label” prescribing for indications not covered in their approved label (known as a “skinny label; see “GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2020)“).  In the latest instance…

By Kevin E. Noonan – A distinguished groups of retired judges* filed an amicus brief supporting Judge Pauline Newman’s Petition for Certiorari over the unwillingness of the Court of Appeals for the D.C. Circuit to rule on her complaint regarding constitutional violations by the Federal Circuit Judicial Council (see “Judge Newman Seeks Recourse from Supreme Court“). …

By Kevin E. Noonan – In recent years, the Federal Circuit has, with varying levels of agreement, considered what behavior by generic drugmakers constitutes inducement of infringement regarding so-called “off-label” prescribing for indications not covered in their approved label (known as a “skinny label; see “GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2020)“).  In the latest instance…

By Kevin E. Noonan – The Federal Circuit reversed a District Court grant of judgment as a matter of law (JMOL) that overturned a jury verdict that defendant Eli Lilly had not satisfied the clear-and-convincing-evidence standard in challenging on Section 112(a) grounds claims asserted by Teva Pharmaceuticals in Teva Pharmaceuticals International v. Eli Lilly &…

By Michael Borella – The U.S. Patent and Trademark Office has extended its Artificial Intelligence Search Automated Pilot Program (ASAP!) until June 1, 2026.  Originally slated to close to new petitions on April 20, 2026 (see “USPTO Announces That It Has Turned the Corner on Unexamined Application Backlog“), the Office has expanded both the duration and…

By Donald Zuhn – In a press release issued last week, the U.S. Patent and Trademark Office announced that for the first time in nearly a decade, the number of first Office actions that the USPTO has issued during the fiscal year is exceeding the number of new applications that are being filed.  The Office…

By Kevin E. Noonan – The alacrity with which the Patent Trial and Appeal Board (PTAB) came to the same conclusion in its latest priority determination in favor of the Senior Party in interference No. 106,115 that it had almost eleven months ago precluded an assessment of Broad’s Brief in Opposition to CVC’s Opening brief…