Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Written by : Nickolas Taylor and Daniel Kiang AZURITY PHARMACEUTICALS, INC. v. ALKEM LABORATORIES LTD. Before Murphy , Moore, and Chen. Appeal from the United States District Court for the District of Delaware. Summary : Arguments and amendments made…
Written by : Savannah J. Torborg and Kendall Loebbaka BULLSHINE DISTILLERY LLC v. SAZERAC BRANDS, LLC Before Moore , Reyna and Taranto. Appeal from the Trademark Trial and Appeal Board. Summary : In assessing genericness, the TTAB considers how the mark…
Written by : Baiyu Zhu and Jacob R. Rosenbaum SAGE PRODUCTS, LLC v. STEWART [OPINION] Before Reyna, Cunningham, and Stark . Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary : The Board did not abuse its…
CASE OF THE WEEK Azurity Pharmaceuticals, Inc. v. Alkem Laboratories Ltd. , Appeal No. 2023-1977 (Fed. Cir. Apr. 8, 2025) In our Case of the Week, the Federal Circuit affirmed that defendant Alkem’s proposed generic antibiotic did not infringe claims…
Behind every patent litigation case is a skilled attorney preparing strategy, mastering complex IP law, and advocating for their client’s interests. These individuals play a key role in defining the outcome of disputes that often involve millions of…
Written by : Luke D. Holbrook and Jacob R. Rosenbaum DOLLAR FINANCIAL GROUP, INC. v. BRITTEX FINANCIAL, INC. [OPINION] Before Prost, Taranto, and Hughes . Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Summary…
CASE OF THE WEEK In re Forest , Appeal No. 2023-1178 (Fed. Cir. Apr. 3, 2025) In an appeal from a Patent Office decision denying a patent that would have been expired upon issuance, the Federal Circuit dismissed. Applicant Forest had filed a string of…
Patent litigation serves as a key battleground for protecting innovation, safeguarding intellectual property rights, and shaping industry dynamics. In late January 2025, Patexia released its highly anticipated Patent Litigation Intelligence Report,…
CASE OF THE WEEK In re: Riggs , Appeal No. 2022-1945 (Fed. Cir. Mar. 24, 2025) Our Case of the Week explores the power of an examiner to request a rehearing after the Board has entered a decision on an application. The case also relates to determining when…
CASE OF THE WEEK Actavis Labs. FL, Inc. v. United States , Appeal No. 2023-1320 (Fed. Cir. Mar. 21, 2025) Our Case of the Week, in the words of its author, Circuit Judge Stark, “is not actually a patent case. It is, instead, a tax case.” In…
Written by : Alistair J. McIntyre and Agnes Juang, Ph.D. On March 17, 2025, a bipartisan group of senators introduced two bills intended to decrease the cost of prescription drugs. The sponsors include Chuck Grassley (R-Iowa), John Cornyn (R-Texas),…
Written by : Geetha Durairaj, Ph.D. and Justin J. Gillett US SYNTHETIC CORP. v. INTERNATIONAL TRADE COMMISSION Before Dyk, Chen , and Stoll. Appeal from the U.S. International Trade Commission. Summary : The Federal Circuit found claims reciting magnetic…
