The Federal Circuit heard oral argument on November 8, 2024, grappling with the issue of what patent claims may properly be listed in the Orange Book. In late 2023, Teva filed a complaint for patent infringement in response to Amneal’s ANDA filing seeking to make and sell a generic version of ProAir HFA (albuterol sulfate)
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USPTO Finalizes Fee Increases for 2025: What to Expect in the New Year and What to do Now
The United States Patent and Trademark Office (USPTO) announced today the finalized fee increases taking effect on January 19, 2025. While applicants can still expect significant increases in certain areas, some proposed fee increases were not implemented following pushback from public commentators. One notable example relates to terminal disclaimers. The USPTO had proposed a tiered…
Fedtrade at SelectUSA Canada
The SelectUSA Canada conference brings together Canadian investors and U.S. market entry leaders to discuss opportunities and services available to Canadian companies planning to expand in the United States.
Rothwell Figg’s Fedtrade® U.S. Market Entry team recently attended the 2024 SelectUSA Canada Conference in Toronto, an annual event that provides a forum for Canadian…
PTAB Finds Another Patent Fails to Pass Muster Under 101
At the end of October, the U.S. Patent Trial and Appeal Board (“PTAB”) issued a final written decision in PGR2023-00023, finding all claims of a patent owned by Halliburton Energy Services unpatentable under 35 U.S.C. § 101.
Profrac Holding Corp and U.S. Well Services, LLC filed a petition for post grant review of all claims…
Key Inventorship Considerations in AI-assisted Drug Development
The utilization of artificial intelligence (“AI”) is becoming ubiquitous across a wide range of industry sectors. The biotech industry is no exception.
AI-driven platforms have become increasingly useful to biotech innovators in many areas including in discovering and developing drugs. For example, a 2022 article by McKinsey & Company estimated that nearly 270 companies have…
America’s Seed Fund for Innovation
America’s Seed Fund is coordinated by the Small Business Administration and funded through 11 participating federal agencies that fund innovations.
America’s Seed Fund has two programs: Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR). Both programs award non-dilutive funding to qualified recipients to develop their technology and chart a path toward commercialization.…
Critical and Emerging Technologies Funding
Critical and Emerging Technologies (CET) are of vital importance to the U.S. government. Therefore, it has made CET funding and support a top priority.
The U.S. National Security Strategy identifies expanding economic prosperity and opportunity as one of three primary goals.
The following critical and emerging technology areas are deemed of critical importance to U.S.…
The Future of Food: Regulatory and Patent Landscape of Genome Editing in Food Technology
Our current food system is facing a myriad of critical challenges. The United Nations predicts that the world population will reach 9.3 billion people by 2050, which means that we will need to produce 60% more food to feed the world in the next decades.[1] Current food production processes are not up to the…
The Corporate Transparency Act: What you Need to Know to Comply with the New Requirements
The Corporate Transparency Act (CTA) went into effect on January 1, 2024, and will impact millions of U.S. businesses by imposing requirements to file corporate transparency reports with beneficial ownership information (“BOI”) before January 1, 2025. Here, we summarize some key points and remind business owners to comply with these new requirements as soon as possible…
Meating of the Minds: Impossible Foods and Motif Foodworks Settle High Profile Patent Dispute in District Court
The food tech industry has been growing and evolving rapidly in the last ten years due to technological innovations in the space and a growing customer demand for plant-based food products and sustainable meat options. We have previously covered a high profile legal battle in the plant-based meat sector of this industry discussing (1) t…