In a July 18 precedential decision in Colibri Heart Valve LLC v. Medtronic CoreValve LLC, the U.S. Court of Appeals for the Federal Circuit overturned a $106 million jury verdict against Medtronic for infringement of a patent...more
7/28/2025
/ Appeals ,
Claim Construction ,
COFC ,
Damages ,
Doctrine of Equivalents ,
Estoppel ,
Jury Verdicts ,
Medtronic ,
Patent Infringement ,
Patent Litigation ,
Patent Prosecution ,
Patents ,
Precedential Opinion ,
Prosecution History Estoppel
In a Jan. 10 precedential ruling by the United States Court of Appeals for the Federal Circuit, the validity of the U.S. patent covering Novartis’s blockbuster drug Entresto was upheld, reversing an earlier decision by the...more
1/17/2025
/ Claim Construction ,
Enablement Inquiries ,
Generic Drugs ,
Novartis ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Validity ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Precedential Opinion
In a new precedential decision issued August 13, 2024, the Court of Appeals for the Federal Circuit in Allergan USA. v. MSN Labs, 24-1061, held that a first-filed, first-issued parent patent that receives a patent term...more
8/20/2024
/ Abbreviated New Drug Application (ANDA) ,
Allergan Inc ,
First-Filed Action Rule ,
Generic Drugs ,
Obviousness-Type Double Patenting (ODP) ,
Patent Infringement ,
Patent Litigation ,
Patent Term Adjustment ,
Patent Terms ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Precedential Opinion
In a rare Federal Circuit decision under the Defend Trade Secrets Act (DTSA), 18 U.S.C. § 1836 et seq., the court reversed the grant of a preliminary injunction by the U.S. District Court for the District of Massachusetts. ...more
Congress has just passed the bi-partisan Trademark Modernization Act of 2020 (TMA), which amends the Trademark Act to provide new procedures for third-party submission of evidence relating to trademark applications, to...more
The Bayh–Dole Act, signed into law in 1980, is U.S. legislation directed to inventions arising from research funded by the Federal government. (See 35 U.S.C. § 200–212, and 37 C.F.R. §§ 401 and 404.) The Act encourages...more
The Canadian Intellectual Property Office has issued new Trademark Regulations that will go into effect on June 17, 2019. These new regulations implement significant amendments in the Canadian Trademarks Act adopted by the...more
The United States Supreme Court in its opinion Limelight Networks, Inc. v. Akamai Technologies, Inc., 572 U. S. ____; Slip Op. No. 12–786 (June 2, 2014) (“Akamai”) holds that there cannot be liability for inducing...more