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UK “Sterile” Label Sinks US Patent Claims: Sage Products Loses Appeal Over Chlorhexidine Patent
April 15, 2025
Sage Prods., LLC v. Stewart Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the invalidation of two patents owned by Sage Products, LLC, relating to sterilized chlorhexidine products used for skin disinfection. The patents in…
Read MoreFederal Circuit Denies SAP’s Request to Move Patent Case Within Texas
April 10, 2025
In re SAP Am., Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit denied SAP America, Inc.’s attempt to move a patent infringement lawsuit from one division of the Eastern District of Texas (Marshall) to another…
Read MoreWhen Is a Trademark Too Descriptive? Federal Circuit Affirms “iVoterGuide” Is Not Protectable
April 9, 2025
Heritage All. v. Am. Pol’y Roundtable Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit offers important lessons for anyone hoping to protect a descriptive brand name as a trademark. In Heritage Alliance v. American Policy Roundtable,…
Read MorePatent Owner’s Own Words Sink Infringement Case Over Vancomycin Liquid Formulation
April 8, 2025
Azurity Pharms., Inc. v. Alkem Labs. Ltd Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed that Azurity Pharmaceuticals, Inc. could not enforce its U.S. Patent No. 10,959,948 against Alkem Laboratories Ltd. because Azurity had clearly…
Read MoreTrade Secret Law Clarified: When Does a Secret Stop Being a Secret?
April 4, 2025
Ams-Osram USA Inc. v. Renesas Elecs. Am., Inc Authored by: Jeremy J. Gustrowsky In the recent case of Ams-Osram USA Inc. v. Renesas Electronics America, Inc., the Federal Circuit addressed several important issues in trade secret and contract law, especially…
Read MorePatent Provisional Rights Don’t Outlive Patent Expiration, Says Federal Circuit
April 3, 2025
In re Forest Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified that “provisional rights” to a patent cannot exist if the patent itself is already expired by the time it issues. The case involved Donald…
Read MoreHow website terms of service may impact copyright claims
March 26, 2025
In the March 26, 2025 edition of The Indiana Lawyer, Blake Hartz and Shane Moreillon urge social media users to take a closer look at the terms of service they often agree to without much thought. These agreements typically grant…
Read MoreIn re Riggs Clarifies Who Gets the Benefit of a Provisional Patent’s Filing Date
March 24, 2025
In re Riggs Authored by: Jeremy J. Gustrowsky The Federal Circuit recently decided In re Riggs which sheds new light on when a published patent application can use the filing date of its earlier provisional application to qualify as prior…
Read MoreFederal Circuit Clarifies Limits on Patent Damages for Convoyed Sales in Car Wash System Dispute
March 24, 2025
Wash World Inc. v. Belanger Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit addressed important issues about patent claim construction and damages in the case of Wash World Inc. v. Belanger Inc., involving a patented…
Read MoreTax Win for Generics: Federal Circuit Says Hatch-Waxman Litigation Costs Are Deductible Business Expenses
March 21, 2025
Actavis Lab’ys FL, Inc. v. United States Authored by: Jeremy J. Gustrowsky In a major decision for the generic pharmaceutical industry, the Federal Circuit in Actavis Laboratories FL, Inc. v. United held that the legal expenses generic drug makers incur…
Read MoreFederal Circuit Clarifies Limits of Prosecution Disclaimer in Maquet v. Abiomed Patent Dispute
March 21, 2025
Maquet Cardiovascular LLC v. Abiomed Inc. Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit vacated a lower court’s ruling in the patent dispute between Maquet Cardiovascular LLC and Abiomed Inc., providing important guidance on how prosecution…
Read MoreFederal Circuit Clarifies Limits on Raising New Arguments in Patent Appeals
March 19, 2025
AMP Plus, Inc. v. DMF, Inc Authored by: Jeremy J. Gustrowsky In AMP Plus, Inc. v. DMF, Inc., the Federal Circuit recently affirmed a decision by the Patent Trial and Appeal Board (PTAB) regarding a dispute over U.S. Patent No.…
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