Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Written by : Justin J. Gillett and Susan E. Pratt, Ph.D. IN RE: ERIK BRUNETTI Before Lourie, Dyk , and Reyna. Appeal from the Trademark Trial and Appeal Board. Summary : The Federal Circuit vacated and remanded a decision of the Trademark Trial and Appeal…
CASE OF THE WEEK Global Health Solutions LLC v. Selner , Appeal No. 2023-2009 (Fed. Cir. Aug. 26, 2025) In our Case of the Week, the Federal Circuit conducted its first review of a derivation proceeding under the America Invents Act that was litigated…
Written by : Ian W. Gillies The trademark attorney Thomas D. Foster has found himself in ongoing legal star wars to register US SPACE FORCE as his personal trademark covering coins, jewelry, watches, license plate holders, toys, and other everyday goods.…
Abbreviated New Drug Application (ANDA) litigation remains one of pharma’s most contested arenas. With market exclusivity and billions in annual sales on the line, each case influences competition, pricing, and the speed at which patients see…
Written by : Ian W. Gillies Bono, Madonna, Beyoncé, Rihanna, Eminem, Drake, Cher, Sting, Lorde, Flea, Adele, Bjork, Seal, Pink: these celebrities all share the same elite status of fame to be known by a single name. But the standalone celebrity name…
The trademark legal market continues to shift, with law firms gaining or losing ground depending on client activity, industry trends, and broader market dynamics. Tracking year-over-year changes in filings provides valuable insight into which firms are…
CASE OF THE WEEK Laboratory Corporation of America Holdings v. Qiagen Sciences, LLC , Appeal No. 2023-2350 (Fed. Cir. Aug. 13, 2025) In our Case of the Week, the Federal Circuit reversed a jury finding of infringement from the District of Delaware, holding…
Written by : Jeremiah S. Helm, Ph.D. and Matthew J. Petersen FMC Corp. v. Sharda USA, LLC Before Moore, Chen , and Barnett. Appeal from the Eastern District of Pennsylvania. Summary : The district court erred by construing a claim term based on disclosures…
Written by : Jacob R. Rosenbaum and Justin K. Theam POWERBLOCK HOLDING, INC. v. IFIT, INC. Before Taranto, Stoll , and District Judge Scarsi. Appeal from the United States District Court for the District of Utah. Summary : Under step one of the Alice test,…
Written by : Jeremiah S. Helm, PhD. and Matthew J. Petersen FMC Corp. v. Sharda USA, LLC Before Moore, Chen , and Barnett. Appeal from the Eastern District of Pennsylvania. Summary : The district court erred by construing a claim term based on disclosures…
Written by: Justin J. Gillett and Arash Pia ACORDA THERAPEUTICS, INC. V. ALKERMES PLC Before Taranto , Hughes, and Stark. Appeal from the United States District Court for the Southern District of New York. Summary : The Federal Circuit held that it lacked…
Written by : Justin J. Gillett and Bryant Chen JIAXING SUPER LIGHTING ELECTRIC APPLIANCE, CO. v. CH LIGHTING TECHNOLOGY CO., LTD. Before Dyk , Chen, and Hughes. Appeal from the United States District Court for the Western District of Texas. S ummary : The…
