Blogs

The Patent Trial and Appeal Board (PTAB) recently designated its decision in Cambridge v. Sfara (IPR2024-00952) as an informative decision.[1] This designation addresses an important issue in inter partes review (IPR) proceedings: inconsistent claim construction arguments between district court litigation and PTAB petitions. Claim Construction Inconsistency The PTAB’s holding centered on Petitioner’s proposed construction of... Continue Reading

The Federal Circuit’s holding in United Servs. Auto. Ass’n v. PNC Bank N.A., No. 2023-2171, 2025 WL 339662 (Fed. Cir. Jan. 30, 2025) reversed a Patent Trial and Appeal Board (“PTAB”) decision finding no motivation to combine.  The opinion is nonprecedential, but the Federal Circuit’s analysis of the facts in light of recent precedent is... Continue Reading

On March 4, 2025, the Federal Circuit affirmed the Patent Trial and Appeal Board’s (“PTAB”) decision in Restem, LLC v. Jadi Cell, LLC, No. 23-2054, 2025 WL 679195, at *1 (Fed. Cir. Mar. 4, 2025), finding that the patent challenger failed to prove that the claims were unpatenable and offering two key takeaways. The Parties... Continue Reading

On March 13, 2025, the U.S. Court of Appeals for the Federal Circuit affirmed a five-year patent term extension (“PTE”) for Merck’s sugammadex patent, holding that the district court had correctly calculated PTE based on the issue date of the original patent rather than the issue date of the reissued patent.[1] Background The case originated... Continue Reading

In our previous articles, we reported that the Federal Circuit affirmed the district court’s decision on December 20, 2024 ordering Teva Pharmaceuticals (“Teva”) to delist certain patents related to Teva’s ProAir® HFA metered-dose inhaler from the FDA’s Orange Book, and that the Federal Circuit subsequently stayed that delisting order on January 22, 2025 following a... Continue Reading

The U.S. stands at a crossroads in light of rising drug prices and it is unclear what the future will hold in answer to the rising drug costs. Biologic medicines have rapidly expanded available treatment options and accounted for approximately half of U.S. healthcare medicine spending in the past few years. While biosimilars have offered patients... Continue Reading

It is fairly standard language in privacy policies: “This privacy policy may be amended or updated from time to time, so please check back regularly for updates.”  It sends the message that the company can change its data practices and policies without ever notifying the end-user. It tells the end-user that the burden is on them... Continue Reading

On Oct. 30, President Joe Biden issued an executive order on safe, secure and trustworthy artificial intelligence.[1] The executive order provides a sprawling list of directives aimed at establishing standards for AI safety and security and protecting privacy. While the executive order acknowledges the executive branch’s lack of authority for any lawmaking or rulemaking, AI... Continue Reading

Following its many warnings of impending enforcement action against entities providing Artificial Intelligence (“AI”) products, the FTC has officially launched an investigation into OpenAI[1]. The FTC initiates its investigation on the heels of the Center for AI and Digital Policy’s July 10, 2023 supplement to its March 30, 2023 complaint, which requests that the FTC... Continue Reading

As we previously discussed, beginning in 2022, a series of patent infringement lawsuits were filed against Moderna and collaborators Pfizer+BioNTech seeking damages based on their respective sales of the Spikevax® and Comirnaty® COVID-19 vaccines. Key suits were filed by third party mRNA and lipid pioneers that, while not having any mRNA-based products on the market themselves,... Continue Reading

In 1910, German scientist Paul Ehrlich introduced a groundbreaking concept to the world: chemical compounds could be engineered to interact with unique receptors on disease-causing cells while avoiding interaction with healthy cells. Over a century later, Antibody Drug Conjugates (ADCs) – which are a species of Ehrlich’s “magic bullet” concept – have been developed by... Continue Reading

Although the Corporate Transparency Act (the “CTA”) is no longer halted by nationwide preliminary injunctions, U.S. companies and their beneficial owners are not required to report beneficial ownership information pursuant to the CTA. FinCEN Issues Interim Final Rule In the most recent CTA update from March 21, 2025, the Financial Crimes Enforcement Network (“FinCEN”) issued... Continue Reading

The Hook ’em Horns of the University of Texas earned a big win in a recent trademark opposition proceeding.  This is an interesting sports trademark case. The case, the Board of Regents of the University of Texas v. Kendall A. Beaver, was brought by UT against the owner of the following trademark application: The Applicant’s...

A trademark registration for the mark PROHEAR for audio headphones and related goods has been cancelled based on a likelihood of confusion with the mark PROTEAR for similar goods.   The trademark cancellation proceeding was filed and decided before the U.S. Trademark Trial and Appeal Board. The case, Hangzhou Zhaohu Technology Co., Ltd. v. Hangzhou Johnson...

A recent trademark opposition is a lesson in how to properly establish a likelihood of confusion for apparel goods. In Roots Corporation v. Colorful Roots LLC, the Opposer, Roots Corporation, relied on several of its trademark registrations of ROOTS and its derivatives.  The “Roots” Marks, for various apparel items and related accessories in Class 25,...

The Fedtrade® podcast recently interviewed Daniel Clark, Vice President and Director of Business Development at the New York City Economic Development Corporation (NYCEDC), as part of our SelectUSA Investment Summit Spotlight series. NYCEDC is a mission-driven, nonprofit organization that works for a vibrant, inclusive, and globally competitive economy for all New Yorkers. They take a comprehensive approach,... Continue Reading

The Fedtrade® podcast recently interviewed Bill Noonan, Chief Business Development Officer of Choose New Jersey, as part of our SelectUSA Investment Summit Spotlight series. Choose New Jersey is the state’s leading non-profit business attraction organization, inspiring businesses, entrepreneurs, and innovators to make New Jersey their home. They provide a range of free, confidential resources and tools to... Continue Reading

The Fedtrade® podcast recently interviewed Tony Davis, Head of North and Latin America at the Australian Trade and Investment Commission (Austrade). Austrade helps grow Australia’s prosperity by delivering quality trade and investment services to businesses, accelerates growth in Australia’s tourism sector. and promotes Australia’s education to the world. Learn more about Austrade on their website or follow them on LinkedIn.... Continue Reading