News & Analysis as of

Food and Drug Administration (FDA) Precedential Opinion

Goodwin

Federal Circuit Confirms Deductibility of Hatch-Waxman Litigation Expenses

Goodwin on

On March 21, the Court of Appeals for the Federal Circuit held in a precedential opinion that legal fees incurred by generic drug companies in defending against patent infringement suits brought under the Hatch-Waxman Act...more

WilmerHale

Federal Circuit Patent Watch: FDA Filing Can Create Personal Jurisdiction; “Compelling” Arguments that Reverse Doctrine of...

WilmerHale on

Precedential and Key Federal Circuit Opinions - STEUBEN FOODS, INC. v. SHIBUYA HOPPMANN CORPORATION [OPINION] (2023-1790, 1/24/2025) (Moore, Hughes, Cunningham) - Moore, Chief J. The Court reversed the district...more

WilmerHale

Federal Circuit Patent Watch: Pending, non-final litigation or IPR decision does not negate intent to infringe that is otherwise...

WilmerHale on

Precedential and Key Federal Circuit Opinions - UNITED THERAPEUTICS CORPORATION v. LIQUIDIA TECHNOLOGIES, INC. [OPINION] (22-2217, 7/24/23) (Lourie, Dyk, and Stoll) - Lourie, J. The Court affirmed the district...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (March 27 – March 31): Consulting The Federal Circuit On Statutory Interpretation

While last week may have been spring break for many of our readers, the Federal Circuit didn’t take the week off. It still issued several interesting decisions, including our case of the week this week—which discusses the...more

Husch Blackwell LLP

The Trademark Trial And Appeal Board Rules U.S. Cheesemakers Can “Say, Gruyere!”

Husch Blackwell LLP on

A recent decision of the Trademark Trial and Appeal Board (“TTAB”) highlights the overlap between trademark law and food regulatory law as well as the United States’ and Europe’s different approaches to Geographic Indications...more

Bradley Arant Boult Cummings LLP

Evidence of Industry Skepticism Supports Finding of Nonobviousness - Intellectual Property News

In a precedential decision delivered recently, the Federal Circuit shot down arguments from Neptune Generics, LLC, Mylan Laboratories Ltd., and Fresenius Kabi USA, LLC that the Patent Trial and Appeals Board (PTAB) erred in...more

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