Infringing Your Own Intellectual Property: Understanding the Paradox
By: Shashank Upadhye Introduction Intellectual property (IP) is a cornerstone of modern innovation and creativity, providing creators and inventors with the legal means to protect their works, inventions, and brands. Typically, discussions about IP infringement focus on external parties unlawfully using someone else’s IP. However, there are unique scenarios where an individual or entity can […]
Proving Patent Infringement – Double Counting Pharmaceutical Ingredients When One Element Satisfies Two Claim Limitations
By: Shashank Upadhye Introduction Typically, patent infringement requires comparing the patent claims to the accused device or process. Patent claims are stylized differently but the import is the same; there must be some correspondence between what is claimed compared to the accused device or process. A simplistic way is to envision a so-called […]
The Right to Repair Versus Reconstruction under U.S. Patent Law: An In-Depth Analysis
By: Shashank Upadhye Introduction The right to repair emerged as a crucial issue in U.S. patent law, as manufacturers increasingly leverage patents to control post-sale repairs. This analysis delves into the legal framework, examining key court decisions, relevant statutes, and pending legislation that shape this right, with a focus on the court cases recent guidance on […]
On the Use of Generative AI in Patent Litigation
By: Yixin Tang and Victor Van de Wiele Back in 2021, I (Yixin) wrote down some thoughts on how the emerging “age of artificial intelligence” can change legal work and make lawyers more efficient. AI development has grown by leaps and bounds since then, and some of the systems are being “field tested” by patent lawyers. Dr. […]
Navigating Administrative Law: Understanding the Basics of Challenging Federal Agency Decisions
Introduction In the complex landscape of governance, federal agencies wield significant authority in executing and enforcing laws enacted by Congress. These agencies, however, are subject to oversight through administrative law, which provides a structured framework for individuals and entities to contest agency decisions. This article aims to explain some foundational principles of challenging federal agency […]
Recent Developments in Medical Device Patent and FDA Law
Patent litigation in the medical device area continues. Along with pharmaceutical patent litigation, medical device patent litigation continues to provide important rulings and case law precedent. Because of the large-scale investment needed to bring medical devices to the market, device sponsors need certainty about the law and its application to ensure a return on the […]
Patent Infringement Damages and Injunctions – The Basics
Patents, as one part of intellectual property protection, provide a valuable property right and play an important role in economic development, a reward for innovations, add to the technological knowledgebase, and increase the general welfare. Patentees obtain patents for defensive purposes (file applications for publication and issuance to create prior art against others); commercial purposes […]
Why Patent? Ways to Monetize Patents
Patents, as one part of intellectual property protection, provides a valuable tool for protecting ideas, R&D, and business growth. It is a political policy decision of how patents are obtained, maintained, enforced, etc. Different countries have different views on patent policy. For many, though, patents are a driving force for economic development. And for other […]
How a Generic Drug Can Become A Branded Drug: A Case Study – Is Par’s Varenicline Trying?
Typically, brand and generic drugs stay nicely in their own lanes. The consuming public generally knows when the drug taken is branded or generic. But are there times when a generic drug may become a branded drug, whether unintentionally or intentionally? And when we say a branded drug in this context, we do not mean […]
Enablement of a Patent Specification – Supreme Court Rules That Full Really Means That … Full.
In a previous article published, we discussed the role of written description and how written description should be contextualized within the meaning of the Section 112(a) of the patent laws. [Click HERE:] There we wrote that the Supreme Court has steadfastly refused to take any case about whether Section 112(a) requires a “full” written description […]
