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Intellectual Property Viewpoints Blog

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Supreme Court Unanimously Affirms Amgen Repatha® Antibody Patents Invalid for Lack of Enablement

USA - May 25 2023 On May 19, 2023, the Supreme Court in Amgen v. Sanofi, No. 21-757, unanimously held that the claims of two Amgen patents, both directed to a genus of…

Intellectual Property for the Metaverse

USA - May 24 2023 Merriam Webster defines the metaverse as “a persistent virtual environment that allows access to and interoperability of multiple individual virtual…

I Spy a Trade Secret: Conducting Proper Trade Secret Asset Management Review to Avoid Sufficiency Failure in Litigation

USA - April 5 2023 A recent trade secret matter pending in federal court in California shows the pitfalls of a company’s failing to do trade secret asset management…

Federal Circuit Affirms Delisting of REMS System Patent from FDA Orange Book

USA - March 6 2023 On February 24, 2023, the U.S. Court of Appeals for the Federal Circuit, in Jazz Pharmaceuticals, Inc., v. Avadel CNS Pharmaceuticals, LLC, Case No…

Avoiding Pitfalls: IP “Dos and Don’ts” for High-Tech Start Ups

USA - February 27 2023 Starting a high-tech company is a difficult, exhausting, and thrilling endeavor - one in which founders will face seemingly endless challenges…

Lensa: Are AI Art Generators Copyright Infringers?

USA - February 15 2023 Artificial Intelligence (AI) is now at our fingertips. No longer a concept hidden behind the walls of Big Tech and academia, AI programs are now…

Federal Circuit Resolves District Court Split, Holds Foreign Defendant Cannot Defeat Rule 4(k)(2) Personal Jurisdiction by Unilateral Post-suit Consent to Jurisdiction in Alternative Forum

USA - January 23 2023 On January 9, 2023, the U.S. Court of Appeals for the Federal Circuit in In re Stingray IP Solutions, LLC, No. 23-102 granted a writ of mandamus…

Year in Review: The Most Popular IP Posts of 2022

USA - January 5 2023 As 2023 begins and intellectual property (IP) strategies are being developed for the new year, it is a good time to reflect on what IP issues were…

The Prevailing Winds of Public Interest: Tailoring Injunctive Relief in Patent Litigation Through Carve Outs

USA - December 7 2022 Grants of permanent injunctions in U.S. district court patent litigation remain uncommon since the landmark decision in eBay v. MercExchange…

Apple’s Hold-out Strategy Nears End & Appears to Backfire in UK

European Union, United Kingdom, USA - November 9 2022 The UK has again demonstrated the ongoing trend against hold-out, approving an order forcing Apple to commit to take a license on FRAND terms, to be…