Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
We are proud to announce that tomorrow marks the release of the fourth edition of our ANDA Litigation Intelligence Report. This year's report is an in-depth compilation that includes not just data and rankings but also a thorough analysis of…
Written by : Alistair J. McIntyre & Brandon G. Smith Volvo Penta of the Americas, LLC, v. Brunswick Corp. Before Moore , Lourie, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary : The Board must consider the combined weight of…
Written by : Kenneth McNeill & Daniel P. Hughes INCEPT LLC v. PALETTE LIFE SCIENCES, INC. Before Newman, Schall , and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : No teaching away when art does not disparage invention and free samples…
In the intricate world of pharmaceuticals, where innovation meets regulation, ANDA litigation stands as a pivotal battleground. Abbreviated New Drug Application (ANDA) litigation plays a crucial role in determining the fate of generic drugs in the market.…
CASE OF THE WEEK Incept LLC v. Palette Life Sciences, Inc. , Appeal Nos. 2021-2063, -2065 (Fed. Cir. Aug. 16, 2023) In the Federal Circuit’s only precedential opinion this week, the Court affirmed inter partes review findings that challenged claims…
Written by : Kenneth O. Aruda, Ph.D. Software is increasingly used as a medical device, transforming the healthcare industry with the goal of improving patient outcomes. However, developing software as a medical device involves navigating complex and…
In the realm of pharmaceuticals, the approval process for generic and brand-name drugs holds significant importance. The Hatch-Waxman Act, a pivotal piece of legislation, governs these processes, ensuring a delicate balance between innovation,…
CASE OF THE WEEK Axonics, Inc. v. Medtronic, Inc. , Appeal Nos. 2022-1532, -1533 (Fed. Cir. Aug. 7, 2023) In this week’s case of the week, the Federal Circuit re-affirmed existing precedent that in inter partes review proceedings before the Patent…
In the dynamic realm of patent law, the Patent Trial and Appeal Board (PTAB) serves as a critical battleground for challenging the validity of patents. As patent disputes escalate and innovation continues to surge, the role of leading attorneys, law firms,…
Written by : Philip M. Nelson Medical Device companies often need the U.S. Food and Drug Administration (FDA) to approve “indications for use” of their products–for use selling them in the U.S. Those same companies often seek U.S. patent…
Written by : Joshua C. Loader & Justin J. Gillett AXONICS, INC. v. MEDTRONIC, INC. Before Dyk , Lourie, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary : Where a patent owner in an IPR proposes a claim construction for the first time in…
Abbreviated New Drug Application (ANDA) litigation stands at the crossroads of pharmaceutical innovation and legal prowess. As generic drug companies seek to enter the market while facing patent challenges from brand-name giants, the role of skilled…
