Cross-Roads of Patent Litigation and IPR Practice
An article written by Greg Corbett and Libbie DiMarco titled "Cross-Roads of Patent Litigation and IPR Practice" was published in IP Litigator. Read more.
Articles
Harmony Brings Discord: Federal Circuit Affirms Finding that Ariosa Diagnostics’ Harmony® Pre-Natal Test Infringes Illumina and Verinata Health Patents
Overview Cell-free fetal DNA technology was again the centerpiece of a dispute between plaintiffs Illumina and Verinata Health (referred together as Illumina), and defendants Ariosa Diagnostics and Ro...
The Eagle has Landed: Federal Circuit Affirms Disclosure-Dedication Doctrine Barring Doctrine of Equivalents in Eagle Pharmaceuticals v. Slayback Pharma LLC
Overview The Federal Circuit upheld the US District Court for the District of Delaware’s decision that generic Slayback Pharma did not infringe Eagle Pharmaceutical’s patents covering its anti-cancer ...
No Pain Relief at the PTAB: Inherent Obviousness
Even when certain elements in a claimed method are not expressly disclosed in the prior art, the claim can still be held obvious if the missing elements are supplied in the form of an inherent propert...
Raising An Argument For The First Time On Appeal Is Fraught With Danger
There is always a danger in raising an argument for the first time on appeal. The Federal Circuit’s recent decision in Boston Scientific Neuromodulation v. Nevro (No. 2019-1584) provides yet another e...
Supreme Court’s Booking.com Ruling Signals Uptick in Registration of ‘Generic.com’ Marks
An article written by Amanda Slade and John Strand titled "Supreme Court’s Booking.com Ruling Signals Uptick in Registration of ‘Generic.com’ Marks" was published in IPWatchdog. Read more.
Impact and 'Unintended Benefits' of the Federal Circuit's Suspension of In-Person Oral Arguments
An article written by Greg Corbett and Marie McKiernan titled "Impact and 'Unintended Benefits' of the Federal Circuit's Suspension of In-Person Oral Arguments" was published in Law.com. Read more (su...
The Intersection of Regulatory and Patent Exclusivities for the Life Sciences Industry: A Comparative Overview of American and European Schemes
An article written by Jonathan Roses and Toby Simpson, partner at Hoffmann Eitle, titled “The intersection of regulatory and patent exclusivities for the life sciences industry: a comparative overview...
Remote Depositions During COVID-19 and Beyond
In spite of social distancing requirements established by the COVID-19 pandemic, courts are now more likely to expect that litigants have been diligently keeping up with various pretrial tasks. While ...
COVID-19 Changes How Some Courts Consider Motions to Stay Pending IPR
A stay is an important mechanism for many defendants to consider when filing an IPR. Due to the ongoing pandemic, courts have had to shift resources to address COVID-19-related concerns. In some insta...
Must the Show Go On?: Some Judges Press Forward Scheduling Remote Patent Bench Trials
UPDATE: THE FOLLOWING CONTENT WAS ADDED JUNE 1, 2020 On May 27, 2020, the Honorable Colleen McMahon issued trial procedures in Ferring Pharmaceuticals Inc., et al. v. Serenity Pharmaceuticals, LLC, et...
Sovereign Debt Crises and Vulture Hedge Funds: Issues and Policy Solutions
An article authored by Dan Brutti titled “Sovereign Debt Crises and Vulture Hedge Funds: Issues and Policy Solutions” was published in Boston College Law Review. This article argues that a nonprofit f...