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Almost two decades ago, the Supreme Court handed down what has turned out to be one of its most significant patent decisions of this century: eBay v. MercExchange. The eBay case has had the effect of precluding prevailing...more
While it may seem like the only constant at the United States Patent and Trademark Office (USPTO) is change, that sentiment rings especially true in 2025. With a new presidential administration in the White House and numerous...more
Key Takeaway: This article explores the unique procedural and strategic considerations for litigating SEP cases at the ITC, and what to know when navigating this complex and evolving landscape. The U.S. International Trade...more
Welcome to the latest issue of Blockbuster Biologics Review, which covers the status and developments of post-grant challenges and patent litigations implicating blockbuster biologics and legislative proposals related to...more
May 1, 2025, marked the entry into force of most provisions of Phase I of the new Regulation (EU) 2024/2822, which forms part of the "Designs and Models Package" adopted within the European Union. This text, in addition to...more
In a move that could reshape the U.S. patent landscape, Congress has reintroduced two major pieces of legislation: the Patent Eligibility Restoration Act (PERA) of 2025 and the Promoting and Respecting Economically Vital...more
Welcome to Wilmer Hale's PTAB/USPTO Update for May 2025....more
A bipartisan group of senators and congressional representatives reintroduced the Patent Eligibility Restoration Act (PERA), which aims to reform the law of patent eligibility under 35 U.S.C. § 101. PERA seeks to address the...more
The US Senate Judiciary Committee advanced to the full Senate six bills intended to reduce pharmaceutical prices and enhance market competitiveness. The package collectively targets several aspects of the pharmaceutical...more
On March 10, John Squires was officially nominated to be Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office....more
On March 17, 2025, a bipartisan group of senators introduced two bills intended to decrease the cost of prescription drugs. The sponsors include Chuck Grassley (R-Iowa), John Cornyn (R-Texas), Richard Blumenthal (D-Conn.),...more
As 2025 unfolds, changes across the patent landscape are unfolding. From agency leadership transitions to proposed legislation and evolving AI-related policies, these shifts could impact patent prosecution, post-grant...more
A bipartisan Senate bill dubbed the “Skinny Label, Big Savings Act” was introduced in January. The bill would expand the scope of protection afforded by section viii carve-outs, a mechanism that allows Abbreviated New Drug...more
With the recent convocation of the 119th Congress, a change in administration, and resignation of USPTO Director Vidal, pharmaceutical patent reform is likely on the minds of many in Washington. Prior to this political...more
Executive orders and other developments suggest changes are in store in the intellectual property (IP) sphere, but the exact shape of the changes is not yet clear. New administration, new leadership: President Donald Trump...more
On November 21, 2024, the Senate Judiciary Committee voted by a narrow 11–10 margin to advance the PREVAIL Act to the Senate for consideration. The PREVAIL Act, or the Promoting and Respecting Economically Vital American...more
The PREVAIL Act is now subject to debate before the full Senate. The Act will require petitioners to certify standing, two new categories of which were recently added via a manager’s amendment....more
In an era of content creation, social media influencers are tasked with the creative job of building a personal brand to influence the general public’s purchasing decisions and lifestyle choices. Creating a brand identity...more
The modern semiconductor industry was born in the 1950s in the United States, and the United States remained the indisputable industry leader for the first few decades of its development. But over the last few decades, the...more
Recent history of Congress's performance as a legislative body has been, to be kind, mixed, and a great many bills, resolutions, and other activities have appeared to be more for show than to accomplish anything worthwhile. ...more
Recently the Senate passed S.150 entitled the Affordable Prescriptions for Patients Act. Those paying attention might recall that Senator Cornyn (R-TX) introduced this bill (joined by Senator Blumenthal (D-CT) and seven other...more
As part of proposed legislation intended to address several procedural issues related to judicial proceedings, a recent section titled the Venue Equity and Non-Uniformity Elimination Act of 2024 (VENUE Act) seeks to expand...more
In this latest roundup, we look at some recent opinions from around the country, an interesting article discussing the constitutionality of the Patent Eligibility Restoration Act, "My Cousin Vinny" and more....more
Hosted by C5 Group, the 21st Annual Life Sciences IP Summit returns for another exciting year with curated programming with speakers from the pharma, biotech and medical device industries that will provide practical insights...more
2022 heralded the next chapter for biosimilars in the United States, including U.S. Food and Drug Administration approval of biosimilars in new therapeutic areas, additional interchangeable designations, and litigation...more