Aug 21, 2024 Allergan Holding Protects "First-Filed" Parent Patents from Their Misbehaving Patent Offspring By Jonathan B. Thielbar This month, in Allergan USA, Inc. v. MSN Laboratories Private Ltd., the Federal Circuit added to the ongoing patent-family drama...
Apr 30, 2024 Appeals Court Signals Narrowing of Fair Use Doctrine Post-Warhol By Frank D. D'Angelo Copyright attorneys eagerly anticipated the U.S. Supreme Court's fair use opinion in Andy Warhol Foundation for the Visual Arts, Inc. v....
Apr 25, 2024 Amending ANDA by Purportedly Carving Out Infringing Use—After Trial—Does Not Rescue the Amended ANDA from the Negative PIV Judgment By Dan Liu The district court in Salix Pharmaceuticals, Ltd. et al v. Norwich Pharmaceuticals, Inc., Civil Action No. 20-430-RGA (D. Del.) was asked...
Dec 04, 2023 The Perils of Incorporation by Reference at the Federal Circuit By Ryan Hagglund Because judicial resources are limited, virtually all courts impose length limitations, such as word, page, or line limits, for briefing....
Nov 21, 2023 Vicarious disqualification of in-house legal department By Kathleen Gersh Although unusual, we have all heard of an attorney being disqualified from representing a client. We are also familiar with that...
Nov 20, 2023 Investors File Class Action Suits against Insecticide Manufacturer Regarding Statements Concerning Patent Litigation By Ryan Hagglund Manufacturers of pharmaceuticals, biologics, and herbicides, as well as companies in virtually every industry, routinely make statements...
Nov 14, 2023 Hawaii Title IX Settlement Breaks New Ground By Brian R. Socolow Based on recent headlines involving the expansion of the National Women's Soccer League, including its new $240 million media deals, the...
Oct 27, 2023 Injunction Against Apple Watch? By William J. Kramer As we all know, injunctions are virtually impossible to obtain in federal patent litigation. However, the U.S. International Trade...
Oct 23, 2023 Why It's Important to Disclose When Promotional Material Is Paid for by the Subject Company By Giovanni Caruso On October 17, 2023, the SEC issued a press release relating to certain defendants in a case brought against RenovaCare, Inc. and certain...
Sep 26, 2023 Indemnity Protection from AI Platforms is Coming! By Brian Heidelberger It was interesting to recently hear that Microsoft will pay legal damages on behalf of customers using its artificial intelligence (AI)...
Jul 18, 2023 How the Recent Investigation of OpenAI (ChatGPT) Will Impact its Users By Brian Heidelberger The New York Times recently reported that the Federal Trade Commission (FTC) has opened an investigation into OpenAI, the startup behind...
Jul 14, 2023 XRP: Heads I win, tails you lose By Stephen Cohen In a stunning turn of events, a federal judge ruled that the Ripple Labs token (XRP) is deemed a security when sold to sophisticated...