Justices Voice Concern that Upholding CAFC’s Hikma ‘Skinny Label’ Ruling Will Harm Generics Industry

The U.S. Supreme Court heard oral arguments today in Hikma v. Amarin, a closely-watched case that in part asks the Justices to weigh in on whether a drugmaker calling its product a “generic version” while citing public sales information about the branded drug induces infringement of a patented use fully carved out by the generic’s label. Hikma’s petition also asks whether a complaint states an induced infringement claim if it fails to allege any instruction or statement by the defendant mentioning the patented use. While some Justices today questioned why the case was even before them, others seemed concerned about the potential impact of the case for the generic pharmaceutical industry.

As Judge Albright Prepares to Leave the Bench, A Look Back on His Patent-Friendly Tenure

Last week, Bloomberg Law broke the news that U.S. District Judge Alan D. Albright of the Western District of Texas would leave the Western Texas bench by the end of this August. Nominated to the federal judiciary during the first Trump Administration, Judge Albright spent his relatively short time on the bench cutting a courageous pathway through patent law, which created some controversy in Congress, but notably has earned him a reputation of thoughtfulness and fairness in the application of patent law among plaintiff- and defendant-side lawyers arguing in his courtroom.

IP Innovators: Closing the Gap: Emily Teesdale on IP Strategy, Collaboration, and the Fractional Model

Most companies entering a joint development agreement are focused on making the project work. What they are less focused on—and what can create serious problems years down the line—is what happens to the confidential information shared during that project once it ends. That’s one of the central arguments Emily Teesdale, founder of Pivot IP, makes in a recent episode of IP Innovators.

Harrity & Harrity is Seeking a Remote Patent Attorney / Patent Agent Electrical & Mechanical Technologies

Harrity & Harrity is expanding and seeks experienced patent attorneys or agents who thrive in handling electrical or mechanical technology. You will draft and prosecute high-value applications for world-class innovators while working remotely (in the U.S.) within a close-knit, highly collaborative team. A solid foundation in semiconductors or 5G wireless is a welcome plus.

Proactive IP Risk Management: A Patent Litigator’s Perspective | IPWatchdog Unleashed

This week on IPWatchdog Unleashed, my conversation with Hilary Preston, partner at Vinson & Elkins and co-head of its intellectual property and technology litigation practice, underscores a fundamental shift underway in how sophisticated organizations approach intellectual property. What was once a reactive, litigation-centric discipline, is rapidly evolving into something far more strategic—an integrated function that sits at the intersection of technology, business, and risk management. Ultimately, what emerged from this discussion is a vision of IP practice that is far more integrated and strategic than the traditional model. It is a shift from courtroom to boardroom counselor—from reactive defense to proactive governance. For practitioners, this requires a broader skill set and a willingness to engage deeply with technology and business. For clients, it offers the promise of more effective risk management and better alignment between legal strategy and commercial objectives.

CAFC Distinguishes ‘Results-Oriented’ Claims from Claims with ‘Specificity and Structure’ in Eligibility Analysis

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today in Constellation Designs, LLC v. LG Electronics Inc., vacating in part and affirming in part a decision of the United States District Court for the Eastern District of Texas. The CAFC determined that the district court incorrectly found the “optimization claims” of Constellation Designs, LLC’s patents directed to eligible subject matter under 35 U.S.C. § 101, but correctly found the “constellation claims” eligible.

Doctor’s Orders: The Search for a Workable Pleading Standard in Hikma v. Amarin

Pharmaceutical patent litigators are no strangers to the delicate dance between the Hatch-Waxman Act and 35 U.S.C. § 271(b). On one side of this statutory tightrope lies the Hatch-Waxman Act’s Section VIII pathway, which was designed to expedite affordable generic competition by allowing manufacturers to seek Food and Drug Administration (FDA) approval solely for unpatented indications—the proverbial “skinny label.” On the flip side lies Section 271(b), which imposes strict liability on anyone who “actively induces” patent infringement.

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