By Kevin E. Noonan –
In addition to the briefs from the parties, seventeen amicus briefs were filed with the Supreme Court in Hikma v. Amarin: six in favor of Petitioner Hikma, seven in favor of Respondent Amarin, and the
By Kevin E. Noonan –
In recent years, the Federal Circuit has, with varying levels of agreement, considered what behavior by generic drugmakers constitutes inducement of infringement regarding so-called “off-label” prescribing for indications not covered in their approved label (known
By Kevin E. Noonan –
A distinguished groups of retired judges* filed an amicus brief supporting Judge Pauline Newman’s Petition for Certiorari over the unwillingness of the Court of Appeals for the D.C. Circuit to rule on her complaint regarding
By Kevin E. Noonan –
In recent years, the Federal Circuit has, with varying levels of agreement, considered what behavior by generic drugmakers constitutes inducement of infringement regarding so-called “off-label” prescribing for indications not covered in their approved label (known
By Kevin E. Noonan –
The Federal Circuit reversed a District Court grant of judgment as a matter of law (JMOL) that overturned a jury verdict that defendant Eli Lilly had not satisfied the clear-and-convincing-evidence standard in challenging on Section
By Michael Borella –
The U.S. Patent and Trademark Office has extended its Artificial Intelligence Search Automated Pilot Program (ASAP!) until June 1, 2026. Originally slated to close to new petitions on April 20, 2026 (see “USPTO Announces That
By Donald Zuhn –
In a press release issued last week, the U.S. Patent and Trademark Office announced that for the first time in nearly a decade, the number of first Office actions that the USPTO has issued during the
By Kevin E. Noonan –
The alacrity with which the Patent Trial and Appeal Board (PTAB) came to the same conclusion in its latest priority determination in favor of the Senior Party in interference No. 106,115 that it had almost
By Donald Zuhn –
Last week, Mexican law firm OLIVARES reported that Mexico had published amendments to the Federal Law for the Protection of Industrial Property (FLPIP) on April 3, 2026, that introduce changes that will impact patent filing and
The Decision on Priority
By Kevin E. Noonan –
On March 26, the Patent Trial and Appeal Board, without holding an oral hearing and despite a rather sharply worded opinion by the Federal Circuit vacating and remanding its earlier priority
