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Practical IP guidance and case analyses, with a focus on pharmaceuticals, biotechnology, chemicals and related fields, as well as on the creative arts.
Latest Articles & Strategic Guides
Did You Know? Skipping a Patent Opinion Can't Be Used to Prove Willful Infringement — But Having One Can Still Save You
Under 35 U.S.C. § 298, failing to get a patent opinion can't be used to prove willful infringement — but a well-reasoned opinion of counsel remains one of the strongest tools to defend against enhanced damages and inducement.
Exclusive Licensee Can Sue on Its Own: Lessons from TexasLDPC v. Broadcom
In TexasLDPC v. Broadcom, the Federal Circuit held a university exclusive licensee held "all substantial rights" and could sue without joining the university. Key drafting takeaways for licensors and licensees.
Federal Circuit: A Claimed pH Range in a Chemical Process Means "Maintained," Not "Touched"
Federal Circuit holds a claimed pH range in a chemical process claim means the pH must be maintained throughout the reaction step in Biofer v. Vifor. What it means for patent drafting and freedom to operate.
ANDA Defendant Wins on pH: Three Lessons from Actelion v. Mylan
The Federal Circuit affirmed no infringement in an epoprostenol ANDA case, holding pH is measured at standard temperature and equivalents were barred by prosecution history estoppel and disclosure-dedication.
Checklist: Freedom to Operate Before You Launch
A practical freedom-to-operate checklist for pharma, chemical and biotech companies preparing to launch a new product, formulation or process — from Orange/Purple Book review to design-arounds.
Checklist: Due Diligence Before You In-License a Patent
Twelve due-diligence steps before in-licensing patents or technology, from chain of title and Bayh-Dole encumbrances to field of use, royalties, enforcement rights and termination triggers.
Did You Know? Registering Your Copyright After Infringement Can Cost You Statutory Damages
Authors and filmmakers: register your copyright early. Under 17 U.S.C. § 412, late registration can mean losing statutory damages and attorney's fees, even if you win your infringement suit.
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