Federal Circuit Revives Amarin’s Patent Case Over “Skinny Label” Generic Vascepa®

Amarin Pharma, Inc. v. Hikma Pharms. USA Inc Authored by: Jeremy J. Gustrowsky The Federal Circuit recently revived Amarin Pharma’s patent infringement case against Hikma Pharmaceuticals, clarifying when generic drug makers can be liable for inducing off-label use, even after…

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When Are Patent Claim Inputs Truly “Distinct”? Court Clarifies in Smart Thermostat Patent Dispute

Google LLC v. Ecofactor, Inc Authored by: Jeremy J. Gustrowsky A recent decision involving Google LLC and EcoFactor, Inc. sheds light on how patent claims should be interpreted, especially when it comes to whether listed inputs in a method claim…

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Federal Circuit Clarifies Double Patenting and Written Description in Allergan v. MSN Labs

Allergan USA, Inc. v. MSN Labs. Priv. Ltd Authored by: Jeremy J. Gustrowsky In a significant decision for pharmaceutical patent holders, the Federal Circuit reversed a district court’s ruling that had invalidated several Allergan patents related to the drug eluxadoline,…

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Federal Circuit Admonishes District Court for Deciding Patent Eligibility Issue That Neither Party Raised

Astellas Pharma, Inc. v. Sandoz Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit vacated a district court ruling that had invalidated key claims of Astellas Pharma’s patent for its overactive bladder drug, Myrbetriq® (U.S. Patent…

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Court Affirms Judge’s Power to Order In-Person Testimony in Patent Fraud Inquiry

Backertop Licensing LLC v. Canary Connect, Inc Authored by: Jeremy J. Gustrowsky A recent decision highlights the broad authority federal judges have to require key individuals to appear in person, especially when investigating possible fraud in patent litigation. In Backertop…

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Patent Law Preempts State Claims in BearBox v. Lancium Dispute Over Bitcoin Mining Tech

BearBox LLC v. Lancium LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed a win for Lancium LLC in a dispute brought by BearBox LLC and its founder, Austin Storms, over patented technology for managing…

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Court Rejects $85 Million Copyright Damages Demand, Sides with Navy’s “Usage-Based” Approach

Bitmanagement Software GmbH v. United States Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed a much smaller damages award for Bitmanagement Software GmbH after the U.S. Navy was found to have infringed its copyright on…

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Alexa’s Shopping List Feature Survives Patent Challenge Over Voice-Processing Technology

Freshub, Inc. v. Amazon.com, Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit has clarified the boundaries of patent infringement when it comes to voice-processing technology, specifically in the context of Amazon’s Alexa shopping-list feature. Freshub,…

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Federal Circuit Affirms: Video-On-Demand Guide Patents Fail Under Section 101

Broadband iTV, Inc. v. Amazon.Com, Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed that several patents owned by Broadband iTV, Inc. covering electronic program guides for video-on-demand systems are not eligible for patent protection…

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Cognac vs. Cologne: When Spirits and Hip-Hop Collide in Trademark Law

Bureau Nat’l Interprofessionnel DU Cognac v. Cologne Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit addressed a unique trademark dispute between the French organizations responsible for protecting the COGNAC certification mark and a hip-hop record label…

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Secret Process Sales Still Trigger On-Sale Bar Under the AIA, Says Federal Circuit

Celanese Int’l Corp. v. Int’l Trade Comm’n Authored by: Jeremy J. Gustrowsky In a significant decision for patent owners and applicants, the Federal Circuit has reaffirmed that selling products made by a secret process before filing for a patent can…

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Pink Hip Implants Lose Trademark Protection: Federal Circuit Says Color Is Functional

CeramTec GmbH v. CoorsTek Bioceramics LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the cancellation of CeramTec GmbH’s trademarks for the pink color used in its ceramic hip implant components. CeramTec, a manufacturer of…

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