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Competition › Patent Applications

Foley & Lardner LLP

Federal Circuit Skeptical of Prosecution Laches

Foley & Lardner LLP on

In Google v. Sonos, the Federal Circuit soundly disposed of arguments that the patent-in-suit was unenforceable due to laches based on an “unreasonable delay” in patent prosecution. Does the court’s reasoning foreclose the...more

Wolf, Greenfield & Sacks, P.C.

Is Your IP Pacing Your Innovation?

Wolf, Greenfield & Sacks, P.C. on

As your company grows, expands, and develops new technology, it is critical to evaluate your intellectual property strategy. What may have worked during the early stages or for your initial technology may need to change. For...more

Dickinson Wright

Terminal Disclaimer Rule Proposed to Balance Innovation and Competition

Dickinson Wright on

The United States Patent and Trademark Office (“USPTO”) periodically evaluates the delicate balance of the U.S. patent system to protect innovation without excessively stifling competition. U.S. patents give patent owners the...more

Proskauer - The Patent Playbook

Calls for USPTO to Adopt Policies to Modulate Drug Pricing

Proskauer - The Patent Playbook on

In the wake of the nomination of Kathi Vidal as Director of the USPTO, there will be significant attention paid to the agency’s responses to calls from both the executive and legislative branches to remake the agency’s...more

Rothwell, Figg, Ernst & Manbeck, P.C.

7th Circuit Hears Oral Arguments in Humira “Patent Thicket” Antitrust Case

Rothwell, Figg, Ernst & Manbeck, P.C. on

On February 25, 2021, the U.S. Court of Appeals for the Seventh Circuit heard oral arguments in UFCW Local 1500 Welfare Fund v. AbbVie Inc. (Case No. 20-2402), a case appealed from the U.S. District Court for the Northern...more

McDonnell Boehnen Hulbert & Berghoff LLP

An Analysis of a Failed Biosimilar Antitrust Class Action

McDonnell Boehnen Hulbert & Berghoff LLP on

On June 10th, Judge Manish S. Shah, U.S. District Court Judge for the Northern District of Illinois, dismissed (without prejudice) a class action lawsuit against AbbVie and AbbVie Biotechnology Ltd. by consumer groups, drug...more

Hogan Lovells

Germany: Allowing a competitor to implement a characteristic product feature risks loss of its function as an indication of origin

Hogan Lovells on

Higher Regional Court Frankfurt am Main “Exzenterzähne II” (“Eccentric Teeth II”) - The Higher Regional Court Frankfurt am Main ruled that the unique selling point (USP) or “individual character” of a product that serves...more

Snell & Wilmer

Fighting Patent Trolls

Snell & Wilmer on

When it comes to suppressing U.S. competiveness, no one does it better than patent trolls. A 2017 study concluded that 5,100 patent infringement lawsuits were filed in 2016. Patent Trolls account for about 67% of those. ...more

The Volkov Law Group

Super Moon Harkens Low Tide for Hatch-Waxman Patent Disputes

The Volkov Law Group on

This week, the U.S. Supreme Court denied a petition for writ of certiorari in a case that will give pharmaceutical companies pause when considering whether to settle patent challenges under Hatch-Waxman. The Supreme Court’s...more

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