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Federal Circuit Finds Loophole Allowing Patents To Cover Later Developed Technologies

In re Entresto, 125 F.4th 1090 (Fed. Cir. 2025) - After Novartis’ patent on the blockbuster blood pressure medication Entresto was found invalid at the district court for covering technology that was developed after the...more

Bundle to Save: Spotify Avoids Royalties to Musicians 

Mechanical Licensing Collective v. Spotify USA Inc., Case No. 24 Civ. 3809 (S.D.N.Y. Jan. 29, 2025) - On January 29, 2025, the Southern District of New York dismissed a lawsuit filed against Spotify for allegedly failing...more

A Bloody Competition Over Lizzie Borden’s Legacy

US Ghost Adventures, LLC v. Miss Lizzie's Coffee LLC, No. 23-2000, 2024 WL 4799288 (1st Cir. Nov. 15, 2024) - On November 15, 2024, the U.S. Court of Appeals for the First Circuit affirmed the denial of a preliminary...more

The McFlurry is Not McBroken Anymore!

U.S. Copyright Office, Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies, 89 Fed. Reg. 42 (Oct. 28, 2024) - If you ever wondered why it seemed like McDonald’s...more

Single Act, Not Sale, Triggers New York Personal Jurisdiction

American Girl, LLC v. Zembrka, No. 21-cv-1381 (2d Cir. September 17, 2024) - On September 17, 2024, the Second Circuit concluded that under New York’s Long Arm Statute, a business that receives a single product order,...more

Double Trouble? Some Double Patenting Woes Resolved 

Allergan USA v. MSN Laboratories Private Ltd., No. 2024-1061 (Fed. Cir. Aug. 13, 2024) - On August 13, 2024, the Federal Circuit reversed a district court’s decision that a patent was invalid for obviousness-type double...more

Money Talks: Trade Secret’s New Extraterritorial Reach 

Motorola Sols., Inc. v. Hytera Commc'ns Corp. Ltd., No. 22-2370, 2024 WL 3268954 (7th Cir. July 2, 2024) - The Seventh Circuit has opened the flood gates by allowing trade secret owners to recover damages for foreign sales...more

Are Hard Seltzers Considered Beer?  The Jury is Still Out. 

Cerveceria Modelo De México, et. al, v. Cb Brand Strategies, Llc, et. al, 2024 WL 1253593 (2d Cir. Mar. 25, 2024) - A license agreement with broad terms might seem like a good idea, but it could turn into something that...more

Show Me, Don’t Tell Me: Conclusory Allegations Not Enough to Stop Dismissal

Int’l Bus. Machines Corp. v. Zillow Grp., Inc., – F.4th – (Fed. Cir. 2024) - In IBM Corp. v. Zillow Group, Inc., the Federal Circuit affirmed a district court decision dismissing IBM’s patent infringement suit despite an...more

Seizure Orders Not Appealable, At Least For Trade Secrets

Janssen Prods. LP v. eVenus Pharm. Labs. Inc., Case No. 22-2426 (3d Cir. Oct. 17, 2023) - On October 17, 2023, the Third Circuit held that Janssen Products, L.P. and Pharma Mar, S.A. (“Janssen”) could not immediately...more

Obviousness-Type Double Patenting is Alive and Well 

In a recent decision, the Court of Appeals for the Federal Circuit (“CAFC”) resolved district court splits regarding obviousness-type double patenting (“ODP”) by holding that ODP is still a valid challenge to patent validity...more

Olé!  CAFC Rules Patent Bullfight Must Go On 

The Court of Appeals for the Federal Circuit (“CAFC”) recently revived a patent infringement suit dismissed in the Western District of Wisconsin brought by Inguran, LLC (“Inguran”) against ABS Global, Inc. (“ABS”). The CAFC...more

Amended Complaint Gives Plaintiff a Do-Over, Not the Defendant

Power Probe Grp., Inc. v. Innova Electronics Corp., 21-cv-00332 (D. Nev. Apr. 27, 2023) While it is accepted that filing an amended complaint supersedes the original complaint rendering it without legal effect, a defendant...more

Infringers Beware: Copyright Damages Not Limited to Three Years - Nealy v. Warner Chappell Music, Inc., No. 21-13232 (11th Cir....

The Eleventh Circuit joins the Ninth Circuit where, despite a claim of copyright infringement having a three-year statute of limitation, a plaintiff can recover damages more than three years prior to the suit.  Recently, the...more

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