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Sham Litigation in a Hatch-Waxman Action

USA - July 10 2018 The largest award in a litigated FTC antitrust case was just issued. It is a warning to brand pharma to take their Hatch-Waxman case filings seriously...

Marilyn Neiman.


Attorney-Client Privilege Can Protect Multi-Purpose Corporate Communications

USA - July 5 2018 A question that has vexed corporate litigants is whether communications between counsel (be it in-house or outside counsel) and a corporation’s...

Darren S. Mogil.


The Use of IPR Institution Denial Decisions in Litigation

USA - October 24 2017 It is not uncommon for a defendant in a patent infringement litigation to file a petition for inter partes review (IPR) before the Patent Trial and...

Darren S. Mogil.


Petitioner has the Burden of Proving Unpatentability of Amended Patent Claims in IPRs

USA - October 12 2017 During an inter partes review (IPR) proceeding concerning Aqua Products, Inc.’s (Aqua) U.S. Patent No. 8,273,183 (the ‘183 patent), the Patent Trial...

Darren S. Mogil.


Venue in Patent Infringement Actions: The Federal Circuit’s Raytheon Co. v. Cray, Inc. Decision

USA - September 28 2017 In the wake of the United States Supreme Court’s decision in TC Heartland LLC v. Kraft Foods Group Brands LLC1, district courts have been faced with...

Darren S. Mogil.