Moderna Seeks Immunity in Arbutus Dispute; March Sees Major Patent Deals; Trump Announces ITC Appointments; UPC Clarifies Long-Arm Jurisdiction; SCOTUS Rules on Hikma Skinny Label Case

The past week in intellectual property has been marked by several pivotal developments across multiple jurisdictions and IP sectors.

In patent litigation, Vertex Pharmaceuticals initiated the first CRISPR-related dispute before the Unified Patent Court (UPC), signaling the court’s growing role in cutting-edge biotech patent enforcement. Meanwhile, the European Patent Office’s Opposition Division invalidated ToolGen’s Cas9 patent, a significant decision impacting CRISPR technology ownership.

March witnessed a flurry of patent transactions, with industry giants such as Samsung, Panasonic, NXP Semiconductors, and TCL driving major deals focused on semiconductor chips, video technology, and display innovations. These transactions underscore the ongoing consolidation and strategic repositioning within high-tech patent portfolios.

On trade secrets, the US Federal Circuit’s ruling in the Insulet case narrowed the time-bar window under the Defend Trade Secrets Act (DTSA), raising concerns among practitioners about the potential for rushed claims and heightened litigation risks.

In a notable policy move, President Donald Trump announced three new appointments to the US International Trade Commission (ITC), a powerful forum for patent enforcement. These appointments move the ITC closer to a full bench, potentially influencing the trajectory of patent dispute adjudications in the United States.

An exclusive interview with Portus, an Australian inventor-led non-practicing entity (NPE), revealed its expanded US litigation campaign targeting major electronics manufacturers Samsung and LG. This development highlights the increasing activity of NPEs in the US patent enforcement landscape.

The United States Patent and Trademark Office (USPTO) linked faster patent examination processes to participation in standards development activities. However, industry commentator Ofinno noted that key small and medium-sized enterprises (SMEs) remain excluded from these benefits, raising questions about equitable access.

Trade secret litigation strategies are evolving as non-compete agreements lose traction. A Boston-based trade secrets litigator advised companies on effective responses to this shifting legal environment, emphasizing proactive measures to protect confidential information.

The UPC Court of Appeal issued landmark guidance on long-arm jurisdiction, clarifying the court’s reach in cross-border patent disputes. This decision provides critical legal certainty for parties engaged in multinational patent enforcement within Europe.

In US pharmaceutical patent policy, lawmakers are debating reforms to ‘skinny label’ use, a practice where generic manufacturers seek approval for non-infringing uses of patented drugs. The US Supreme Court’s ruling in the Hikma case established important precedent affecting these strategies, with significant implications for patent holders and generic competitors alike.

IP Litigation Insider featured insights from John Kinton of Access Advance on standard-essential patent (SEP) disputes, the role of patent pools, and the evolving landscape of US injunctions, offering valuable perspectives on complex licensing and enforcement issues.

Internationally, South Korea introduced cash rewards for whistleblowers who report cross-border trade secret leaks, aiming to strengthen enforcement and deter corporate espionage.

This comprehensive overview reflects the dynamic and multifaceted nature of the global IP market, providing stakeholders with essential updates to navigate the evolving legal and commercial environment.