In a split 2-1 decision, the U.S. Court of Appeals for the Federal Circuit yesterday upheld Patent Office rules making it easier for companies to kill bad patents. This decision was the first issuing from an appeal of an inter partes review (IPR) decision. Created two and a half years ago, IPRs have become an … Continue Reading
Teva Pharm. USA, Inc. v. Sandoz, Inc., U.S., No. 13-854, 1/20/15 Continuing its string of decisions reversing Federal Circuit precedent, today the Supreme Court rejected the Federal Circuit’s de novo standard for reviewing district court claim construction rulings. Rather, in view of the subsidiary fact findings that are typically integral to the claim construction process, … Continue Reading
The Supreme Court’s unanimous opinion in POM Wonderful LLC v. Coca-Cola Co. (Dkt. No. 12-761) (June 12, 2014) highlights the key role of Lanham Act false advertising claims in protecting consumers from misleading advertising and labeling. Reasoning that competitors often are in a better position than regulators to identify false advertising and other unfair competition, … Continue Reading
