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How Trump’s Latest Drug Price EO Could Impact Pharma

On May 12, 2025, President Trump issued an executive order aimed at lowering prescription drug prices titled “Delivering Most-Favored-Nation Prescription Drug Pricing to American Patients.” Generally, the order directs...more

Biden Administration Proposes March-In Rights Framework for Pharmaceutical Patents in Effort to Lower Drug Prices

On December 7, the Biden administration announced a proposed framework for determining whether the government may exercise its march-in rights to license pharmaceutical patents to third parties if it determines that the price...more

Amended FRE 702 on Expert Testimony Effective December 1, 2023

Experts play a key role in patent litigation as they explain complex technical issues including infringement, validity, and damages to judges and juries. The persuasiveness of their testimony can often mean the difference...more

How To Present a Persuasive Opening Statement in a Patent Jury Trial

Introduction - Litigators have long understood that jurors’ opinions at the end of opening statements color, and correlate strongly with, how they interpret the evidence at trial. A 1940s study that assessed mock jurors at...more

Where Juries Come From

It’s the first day of trial and your team is ready to go. Typically, 48 citizens stream into the courtroom.  A small subset of those people will determine your fate—and whether your business unit will be satisfied with two...more

D.Del. - MJ Burke Describes Analysis Framework for Assessing Section 101 Motion to Dismiss

In the most recent section 101 opinion out of Delaware, Magistrate Judge Burke addressed patent eligibility of three patents directed to systems, apparatuses, and methods of using wireless machine to machine (“M2M”)...more

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