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A year of pivotal court decisions, evolving litigation venues, and increased focus on technology-driven IP cases reshapes the U.S. intellectual property landscape.
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Biotechnology company Moderna has agreed to pay up to $2.25 billion to settle patent litigation over technology used in its COVID-19 vaccine, resolving a dispute with Arbutus Biopharma and Genevant Sciences. The lawsuits alleged that Moderna’s vaccine relied on patented lipid nanoparticle delivery systems, a technolog…
The U.S. Supreme Court concluded its 2023-24 term with significant decisions impacting intellectual property law, including a unanimous ruling on the Lanham Act’s name clause and a split decision on the timing of copyright damages. As the 2024-25 term begins, the Court has agreed to hear additional IP cases while decl…
In a landmark decision, the Federal Circuit has ruled that generic pharmaceutical companies may deduct legal expenses incurred in defending Hatch-Waxman patent litigation as ordinary and necessary business expenses. The ruling, which affirms a lower court's decision in favor of Actavis Laboratories FL, Inc., clarifies…
The U.S. Court of Appeals for the Federal Circuit has affirmed that generic drug manufacturers may immediately deduct patent litigation expenses incurred in connection with Abbreviated New Drug Application (ANDA) filings under the Hatch-Waxman Act. The decision, favoring Actavis Laboratories, clarifies that such litig…
Patent litigation in Texas experienced notable changes in 2022 following a judicial order that altered case assignment in the Western District. While filings in the Western District of Texas (WDTX) declined after the order, the drop was less severe than anticipated, and Judge Alan Albright continued to preside over a…
The University of Utah has entered into a formal agreement with the U.S. Patent and Trademark Office to host a new Mountain West Community Engagement Office. This initiative, part of the Unleashing American Innovators Act of 2022, is designed to provide intellectual property education, resources, and outreach to stude…