Intellectual Property News and Reports

Appeal from a judgment of the United States District Court for the Southern District of New York (Furman, J.), entered October 6, 2020, in favor of two government agencies and a pharmaceutical company in this Freedom of Information Act ("FOIA")... Read more →

Eli Lilly and Company and its foreign subsidiaries (collectively, “Eli Lilly”) applied to the district court under 28 U.S.C § 1782 for an order requiring Novartis Pharma AG to provide discovery for use in ongoing patent litigation between the two... Read more →

The panel vacated a district judge’s order declining to overturn a magistrate judge’s denial of CPC Patent Technologies PTY Ltd.’s application pursuant to 28 U.S.C. § 1782 to compel Apple, Inc. to turn over documents, which CPC seeks to use... Read more →

Sleep Number Corporation sued Steven Young, Carl Hewitt, and UDP Labs, Inc., asserting ownership of the inventions claimed in certain patent applications filed by UDP with the United States Patent and Trademark Office (“USPTO”). The district court granted Sleep Number’s... Read more →

Mycroft AI, Inc.; Joshua Montgomery; and Michael Lewis appeal the district court’s grant of a preliminary injunction. We vacate the injunction and remand for reassignment to a different judge. Download Tumey v. Mycroft AI Inc. Read more →

After negotiations for a patent licensing agreement soured, the plaintiffs sued the defendants and alleged that they had breached their contractual obligation to offer a license on fair, reasonable, and nondiscriminatory terms. The jury found in the defendants’ favor, and... Read more →

Purchasers of brand diabetes drug ACTOS brought suit against the manufacturer (“Takeda”) for improperly describing its patents to the Food and Drug Administration, in effect extending the duration of its patent protection over ACTOS and delaying generic competition. The district... Read more →

This trade secret case arises from a short‐lived business relationship between two companies that sell spinal implant devices. Life Spine, Inc. makes and sells a spinal implant device called the ProLift Expandable Spacer System. Aegis Spine, Inc. contracted with Life... Read more →

Held: Assignor estoppel is well grounded in centuries-old fairness principles, and the Federal Circuit was right to uphold it. But assignor estoppel applies only when the assignor’s claim of invalidity contradicts explicit or implicit representations he made in assigning the... Read more →

Held: The judgment is vacated, and the case is remanded. 941 F. 3d 1320, vacated and remanded. THE CHIEF JUSTICE delivered the opinion of the Court with respect to Parts I and II, concluding that the unreviewable authority wielded by... Read more →