In an unprecedented PTAB decision involving Spectrum Solutions LLC (“Spectrum”) (Petitioner) and Longhorn Vaccines & Diagnostics (“Longhorn”) (Patent Owner), the Board found all five challenged patents invalid and imposed sanction against patent owner Longhorn for failure to meet the duty
Minding Your Business
Proskauer’s perspective on developments and trends in commercial litigation.
Minding Your Business, published by Proskauer Rose LLP, covers legal developments and issues affecting businesses across various sectors. The blog addresses topics such as securities litigation, regulatory compliance, corporate governance, labor and employment law, privacy and cybersecurity, and emerging legal challenges in technology and innovation. It also discusses litigation risks in specialized industries like aerospace and sports, transparency in court proceedings, consumer protection enforcement actions, and the impact of biometric data and virtual reality on sports law. The blog provides insights into regulatory changes, enforcement trends, and legal strategies relevant to corporate clients and legal practitioners.
Latest from Minding Your Business - Page 8
Montana Supreme Court Finds Minimum Contacts in Social Media Posts Targeting State Residents
Posting on social media about businesses located in another state could give rise to personal jurisdiction in that state, according to a recent landmark opinion by a sharply divided Montana Supreme Court. In Groo v. Montana Eleventh Judicial District Court…
Alleged Theft of Drug Pricing Trade Secrets Could Cost Both Victim and Thief
Life Sciences is an area ripe for trade secrets misappropriation litigation. In recent news, Merz Pharmaceuticals, LLC filed a lawsuit under the North Carolina Uniform Trade Secrets Act alleging that its former director of federal accounts, Andrew Thomas, stole trade secrets…
Patent Bar: New Changes Up Ahead for Design Patent Practitioners
In order to prepare and prosecute utility, design, and plant patent matters in front of the United States Patent and Trademark Office (“USPTO” or “Office”), the USPTO requires practitioners to demonstrate possession of the legal, scientific, and technical qualifications necessary…
Ozempic Gains Popularity, Its Maker Loses First Legal Fight
With Hollywood celebrities speaking out both in favor of and against the use of drugs like Ozempic and Wegovy for weight loss, it was only a matter of time before demand outpaced supply. Although most might believe that increased demand…
FTC Appears to Expand AI Regulatory Role into Copyright Matters
In a recent public comment addressed to the United States Copyright Office, the Federal Trade Commission seemingly expanded upon remarks made at the National Advertising Division back in September that it will aggressively and proactively challenge alleged unfair practices involving…
Scope of Issued Patents May be Limited by Prosecution Estoppel Created in Child Cases
Cell therapy products in the U.S. are estimated to be worth approximately $4.5 billion currently and expected to grow to over $30 billion in the next ten years. As market value increases litigation is bound to heat up.
Recently, Fate…
Be Smarter Than a Lizard: Overcoming Reptile Theory in the Discovery Phase
It’s no secret: plaintiffs’ attorneys want to win big. Using reptile theory, plaintiffs (and their counsel) are enjoying gargantuan jury verdicts. Through thoughtful and strategic lawyering, however, the harsh effects of reptile theory can be avoided.…
Amazon: The Prime Target in FTC Crackdown
On October 18, 2023, Amazon filed a motion to dismiss the Federal Trade Commission’s lawsuit alleging that the company deceived millions of consumers into nonconsensual Prime membership enrollment and thwarted members’ attempts to cancel their Prime subscriptions. In a heavily…
Recent Federal Circuit Decision Highlights Importance of Analogous Prior Art Doctrine
The Court of Appeals for the Federal Circuit recently addressed the issue of “analogous prior art,” a patent law doctrine fundamental to the legal determination of whether a patent is invalid as obvious over the prior art. The decision illustrates…