U.S. Circuit Judge Alan Lourie has urged the Federal Circuit to reconsider its precedent over a safe harbor that allows infringement when companies are developing products regulated by the U.S. Food and Drug Administration, and many attorneys agreed with him that the appeals court has been improperly expanding the safe harbor for decades.
A D.C. federal judge may be allowing suspended U.S. Circuit Judge Pauline Newman to pursue a handful of arguments over the constitutionality of the Judicial Conduct and Disability Act, but attorneys told Law360 they aren't convinced those claims will fare any better than those already dismissed by the court.
In 2023, Fintiv the precedential Order issued in 2020 that established a six-factor framework that the Patent Trial and Appeal Board (PTAB) applies when evaluating whether to exercise.
Attorneys filed fewer patent suits in district courts in 2023 than in any year for more than a decade, and the amount of America Invents Act petitions at the Patent Trial and Appeal Board fell to a 10-year low as well. The Western District of Texas also lost its place as the most popular patent litigation venue in the U.S. in 2023, with the Eastern District of Texas overtaking it.
The Centers for Disease Control and Prevention's repeated citation of research for HIV prevention treatments in its patent applications was key to the U.S. Court of Federal Claims concluding the government violated contracts with research partner Gilead, according to an opinion unsealed Tuesday.