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Federal Circuit Revives Amarin’s Patent Case Over “Skinny Label” Generic Vascepa®
June 25, 2024
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…
Read MoreRemote Gambling Patent Claims Dealt a Loss Under Patent Eligibility Rules
June 21, 2024
Beteiro, LLC v. Draftkings Inc. Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the dismissal of several patent infringement lawsuits brought by Beteiro, LLC against major online gambling companies like DraftKings, BetMGM, and others. Beteiro…
Read MoreCourt Reverses Broad Trade Secret Injunction in Insulin Pump Dispute
June 17, 2024
Insulet Corp. v. EOFlow, Co Authored by: Jeremy J. Gustrowsky A recent decision highlights the high bar companies must clear to win a preliminary injunction in trade secret cases. Insulet Corp., a maker of wearable insulin pumps, had obtained a…
Read MoreJury’s $20 Million Patent Verdict Against Google’s Nest Thermostats Upheld
June 3, 2024
EcoFactor, Inc. v. Google LLC Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit has affirmed a jury’s $20 million verdict against Google, finding that its Nest smart thermostats infringed EcoFactor, Inc.’s U.S. Patent No. 8,738,327. The…
Read MorePatent Time Limits: When Amending Claims Can Cost You the Patent
May 23, 2024
Speck v. Bates Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision highlights the importance of timing and claim amendments in patent interference proceedings. The dispute centered on a drug-coated balloon catheter, with Ulrich Speck and Bruno Scheller challenging…
Read MoreMinority Owner of Winery Lacks Standing to Cancel Confusing Trademarks
May 23, 2024
Luca McDermott Catena Gift Trust v. Fructuoso-Hobbs SL Authored by: Jeremy J. Gustrowsky A recent decision from the United States Court of Appeals for the Federal Circuit highlights the limits on who can challenge registered trademarks at the U.S. Patent…
Read MoreFederal Circuit Overhauls Design Patent Obviousness Test, Making It Easier to Challenge Patents
May 21, 2024
LKQ Corp. v. GM Glob. Tech. Operations LLC Authored by: Jeremy J. Gustrowsky In a major shift for design patent law, the Federal Circuit has thrown out the long-standing Rosen-Durling test, which made it difficult to challenge the validity of…
Read MoreDefendants Can’t Recover IPR Fees or Hold Opposing Counsel Liable in Patent Disputes
May 20, 2024
Dragon Intell. Prop. LLC v. DISH Network L.L.C Authored by: Jeremy J. Gustrowsky A recent appellate decision clarifies the limits of attorney fee awards in patent disputes, especially when a defendant prevails by invalidating a patent through inter partes review…
Read MorePREP Act Immunity Claim Stalls Patent Dispute Over COVID-19 Swabs
May 14, 2024
Copan Italia SpA v. Puritan Med. Prods. Co. LLC Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights the limits of immediate appeals when it comes to claims of immunity under the Public Readiness and Emergency…
Read MorePatent Owners Must Show Investments Tied to Each Patent to Succeed at the ITC
May 8, 2024
Zircon Corp. v. Int’l Trade Comm’n Authored by: Jeremy J. Gustrowsky A recent decision highlights the importance of how patent owners present evidence when seeking relief at the International Trade Commission (ITC). In a dispute over electronic stud finders, Zircon…
Read MoreAmazon Patent Takedown Triggers Jurisdiction Over Out-of-State Patent Owner
May 2, 2024
SnapRays v. Lighting Def. Grp Authored by: Jeremy J. Gustrowsky A recent decision highlights how using Amazon’s patent enforcement tools can land a patent owner in court far from home. In this case, Lighting Defense Group (LDG), an Arizona company,…
Read MorePatent Infringement Awards Can Disappear If Patents Are Later Found Invalid
May 2, 2024
Packet Intel. LLC v. NetScout Sys Authored by: Jeremy J. Gustrowsky A recent decision highlights a critical risk for patent owners: even after winning a patent infringement lawsuit and being awarded damages, those awards can vanish if the underlying patents…
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