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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…
The year 2024 proved transformative for U.S. intellectual property litigation, marked by steady case volumes, landmark Supreme Court and Federal Circuit decisions, and a surge in disputes involving artificial intelligence and trade secrets. Shifts in venue dynamics, the end of Chevron Deference, and the growing influe…
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…