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Amgen vs. Sanofi: What the Supreme Court Decision Could Mean for Future Pharmaceutical Patents

The Supreme Court recently granted Amgen’s petition for certiorari against the advice of the U.S. government, taking up Amgen’s challenge to the Federal Circuit’s enablement review of its PCSK9 antibody patents covering evolocumab (Repatha®). In its petition, Amgen asserts that the Federal Circuit has gone too far in invalidating its PCSK9 antibody patents by imposing

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Unpacking the Legal Battle Over Supercalifragilisticexpialidocious Copyright Infringement

In the summer of 1965, a lawsuit was brought against Walt Disney Productions and the songwriters Richard and Robert Sherman over copyright infringement related to their popular song “Supercalifragilisticexpialidocious”. The individual plaintiffs claimed to be the composers of the allegedly infringed song and plaintiff Life Music, Inc., was the assignee and distributor of plaintiffs’ song.

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SoClean Prevails in Preliminary Injunction against Sunset Healthcare Solutions

SoClean Prevails in Preliminary Injunction against Sunset Healthcare Solutions The U.S. Court of Appeals for the Federal Circuit affirms district court’s grant of a narrowly-tailored preliminary injunction in trademark infringement case brought by SoClean, Inc., a medical device company that makes CPAP machines, against Sunset Healthcare Solutions, Inc. SoClean, Inc. v. Sunset Healthcare Solutions, Inc., No.

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The Implications of United States v. Arthrex, Inc., 594 U.S. ___ (2021)

  The Implications of United States v. Arthrex, Inc., 594 U.S. ___ (2021) Background In Arthrex, Inc. v. Smith & Nephew, Inc., the United States Supreme Court addressed the constitutionality of the appointments of Administrative Patent Judges (APJs) to the Patent Trial and Appeal Board (PTAB), concluding that the APJs are \”principal officers\” of the

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Patent Trial and Appeal Board Sanctions (PTAB): What You Need to Know

Patent Trial and Appeal Board Sanctions: What You Need to Know In inter partes review, covered business method and post-grant review proceedings, the Patent Trial and Appeal Board (PTAB) may impose sanctions on a party if that party is found to have committed misconduct during a review. Sanctions can include monetary penalties, exclusion from participation in

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ITC Litigation and Section 337 Proceedings

ITC Litigation and Section 337 Proceedings The Tariff Act of 1930 (19 U.S.C. $ 1337) gives the International Trade Commission (\”ITC\”) exclusive jurisdiction over certain intellectual property disputes. These proceedings have become increasingly popular because they typically resolve themselves far faster than going to trial in Federal Court. An ITC litigation attorney requires an understanding

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