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Federal Circuit Further Clarifies Venue in Hatch-Waxman Cases

USA - November 14 2021 Last year, in Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals Inc., the Federal Circuit confirmed that 28 U.S.C. § 1400(b) is the…

Devon C. Beane

Federal Circuit Holds Prosecution Laches Defense is Available to PTO in a 35 U.S.C. § 145 Action

USA - June 14 2021 On Tuesday, 1 June 2021, the Federal Circuit issued a rare decision holding that the Patent and Trademark Office (the PTO) may assert prosecution…

Christopher L. Hines, Alexander T. Katsulis

Towards a Uniform Theory of Patent Law: The Federal Circuit Declines to Create Design-Patent-Specific Rules for Exhaustion or Repair

USA - July 26 2019 On Tuesday July 23, 2019, the Federal Circuit declined to fashion design-patent-specific doctrines of exhaustion or repair. Automotive Body Parts…

Devon C. Beane

Towards a Uniform Theory of Patent Law: The Federal Circuit Declines to Create Design-Patent-Specific Rules for Exhaustion or Repair

USA - July 25 2019 On Tuesday, July 23, 2019, the Federal Circuit declined to fashion design-patent-specific doctrines of exhaustion or repair. Automotive Body Parts…

Devon C. Beane

Federal Circuit Declines to Alter Alien Venue Rule in Patent Cases Post-TC Heartland

USA - May 17 2018 On Wednesday, May 9, 2018, the Federal Circuit settled another question raised by last year’s TC Heartland decision and reaffirmed the…

Christopher J. Fahy