The answer? Not much, in itself. If one patent is good, 132 is probably fine too. That was Judge Easterbrook’s reasoning in a recent decision addressing indirect purchasers’ antitrust challenge to AbbVie’s so-called “patent thicket” of 132 patents around the
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$264 Million Settlement in EpiPen Price Gouging Litigation
On July 11, 2022, the United States District Court for the District of Kansas approved a $264 million settlement against Mylan and certain of its subsidiaries in the case In Re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices, and Antitrust…
Changes to Rules Governing Expert Testimony Imminent
Last month, the Advisory Committee on Evidence of the Judicial Conference of the United States’ Committee on Rules of Practice and Procedure voted to unanimously to recommend certain amendments to Federal Rule of Evidence 702, which governs the admissibility of…
Kardashian’s ‘SKKN by Kim’ Brand Facing Legal Uncertainty
By Shiva Pedram
Kim Kardashian has been hit with a lawsuit by New York-based Beauty Concepts LLC over Kardashian’s recently launched skincare line, “SKKN by Kim.” Beauty Concepts filed a complaint in the Eastern District of New York against Kardashian, her business entity…
Copyright Office Recommends No New Copyright Protections for News Publishers in the United States
Bucking a legal trend in Europe, the United States Copyright Office recently recommended against adopting additional copyright-like protections for news publishers that would require online news aggregators to pay publishers for news content shared on their platforms. In a report…
FTC Report Warns Against Overconfidence in AI Tools to Combat Online Harm
By Amy Gordon
Last month, the FTC issued a report to Congress advising governments and companies to exercise “great caution” in using artificial intelligence (“AI”) to combat harmful online content. The report responds to Congress’s request to look into whether and how AI…
Infant Formula Shortage Update
Lawmakers in Washington, D.C., and California have taken recent steps to further protect the infant formula market from price gouging. On June 7, 2022, the D.C. Council passed the “Infant Formula Consumer Protection Emergency Act.” The Act, which will remain…
Supreme Court Rules on the Requirements for a Waiver of the Right to Arbitrate
The United States Supreme Court recently resolved a circuit split regarding when a party has waived its contractual right to arbitrate by participating in litigation prior to seeking to arbitrate a dispute. In Morgan v. Sundance, Inc., the Court…
Supreme Court to Re-Examine Fair Use: Warhol Foundation v. Goldsmith
On March 28th, the Supreme Court granted certiorari in Warhol Foundation v. Goldsmith, a case involving the core issues around copyright fair use. The case involves a series of Warhol drawings and silkscreen prints adapted from an original photograph of…
Blockchain Service: In an Apparent First, Lawyers Serve Legal Papers Using an NFT
Fundamental to the due process of law is notice—a requirement that all parties are made aware that a lawsuit could alter their legal rights or duties. Most defendants will be served in person by a process server. But when the…