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In Silvergate Pharmaceuticals, Inc. v. Bionpharma Inc., the US District Court for the District of Delaware decided an open question regarding pre-filing investigation and attorney fees under Title 35 of the US Code, Section 285, and offers of confidential access (OCAs) under the Hatch-Waxman framework….By: DLA Piper

A litigation regarding patent ownership rights is heating up in the Delaware Court of Chancery, a court of equity that is an atypical forum for pharmaceutical company and intellectual property disputes. CyDex Pharmaceuticals, Inc. (CyDex) filed a breach of contract action against Bexson Biomedical, Inc. (Bexson) on August 28, 2024, seeking a judgment that it…

In Astellas Pharma Inc. v. Sandoz Inc., the US Court of Appeals for the Federal Circuit vacated a sua sponte district court ruling that found Astellas’s asserted patent ineligible under Title 35 of the US Code, Section 101. The Federal Circuit decision affirmed the applicability of the party presentation principle with respect to issues of…

As part of our Cybersecurity Awareness Month program of events, we hosted our inaugural Cybersecurity Forum on October 1 at our London office and online. Compèred by Ffion Flockhart, global head of cybersecurity, the day’s panelists included senior representatives from organizations including Marsh, FTI Consulting, S-RM, Mandiant, Fenix24, QBE, as well as a former client….By:…

In a strategic move to preserve their right to seek reconsideration of previously dismissed DMCA § 1202(b) claims, the plaintiffs in Andersen v. Stability AI have voluntarily dismissed with prejudice all DMCA claims. The opportunity to seek reconsideration of the dismissed claims will come if a reversal occurs in the Doe 1 v. Github interlocutory…

Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More – California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things, sellers of products to provide a “clear and reasonable warning” if use of the product results in a knowing and intentional exposure to one…

When you’re facing a legal issue, one of the first steps you should take is to schedule a consultation with an attorney. Some law firms and legal organizations offer free consultations, allowing you to gain valuable insights into your case without upfront costs. But how do you make the most of this opportunity?…By: JUSTICENTER