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Since its creation by the America Invents Act of 2011, Inter Partes Review (or IPR) has been a valuable tool for current or future patent

Generic pharmaceutical companies and §505(b)(2) NDA filers routinely use Paragraph IV certifications to challenge the patents a brand company listed on the FDA’s Orange Book. 

An Opinion of Counsel or Freedom To Operate (FTO) opinion though not legally required often, is a good business practice. First, a company may seek

Though we don’t know when, someday life will return to normal. And we may redefine what the new normal is. But we do know that

Magic mushrooms and pot. Yes, currently people use them for illicit reasons. But the compounds in them are now being investigated for typical pharmaceutical therapeutic

The rise of “artificial intelligence” has changed the world. Patent law and litigation are no exception. This article explores several areas in the practice of

This year-end newsletter will discuss the benefits of technology in the boutique law firm. But first we say Happy Holidays and may you, the reader,

A blockbuster pharmaceutical product is often protected by layers of patents, grouped in different patent families and often having different expiration dates due to the

The U.S. Court of Appeals for the Federal Circuit (CAFC) has exclusive jurisdiction over patent law appeals. That means that it is the sole appeals

Obviously the coronavirus pandemic has affected and continues to affect all aspects of the economy. The legal industry is no different. We are IP and

Upadhye Tang LLP announces its name change from Upadhye Cwik LLP. We launched Upadhye Cwik LLP in June 2019. Due to the untimely passing of

In pharmaceutical cases, infringement defendants will argue that an asserted patent claim is anticipated or obvious. Often it is difficult to prove a patent claim

A Fast, Cheap and Good Way to Win a Patent Case, and Pre-Litigation Considerations regarding a Rule 12(c) Motion Patent cases are costly. As a defendant, other

Not All Types of IP Are Created Equal When It Comes to Patent Protection Protecting intellectual property (IP) is a priority for companies in the

FDA/FTC Warning Letters Although discovering a cure for COVID-19 would certainly be welcome news, any current mention of a cure or vaccine is more likely

How Companies Respond To An Economic Downturn During an economic downturn, companies typically respond in one of two ways. They either conserve limited cash resources,

The Global Impact of Covid-19 Cannot Be Understated The global impact of Covid-19 cannot be understated. Businesses are shut, employees are at home, and the

Avoiding Penalties and Navigating the Current Climate In response to concerns about the increase in pharmaceutical drug pricing, many States are taking legislative action to

Holiday Season IP Issues The holidays are a season of joy, celebration, and time spent with family and friends. Of course, in recent decades, the

Pharmacy Compounding Out of approximately 56,000 U.S. pharmacies, about 7,500 specialize in pharmaceutical compounding. As such, these pharmacists spend a great deal of time preparing

As a patent litigator and patent litigation book author, I read lots of cases. And everyone once in a while, there is one that just