Merchant & Gould IP Case Updates Blog

The Federal Circuit recently reversed a post-verdict JMOL of invalidity in Teva Pharmaceuticals International GmbH v. Eli Lilly and Company, No. 2024-1094 (Fed. Cir. Apr. 16, 2026), highlighting the deference owed to jury verdicts supported by substantial evidence.

The decision offers important guidance for litigants regarding the application of written description and enablement under 35 U.S.C. § 112 to method claims involving a well-known genus and routine techniques.

Read more in this blog post by Alana LeFebvre: https://na2.hubs.ly/H05c9HZ0

Last week, the U.S. Court of Appeals for the Fourth Circuit issued a precedential decision in Sony Music Entertainment v. Cox Communications, Inc., No. 21-1168 (Feb. 20, 2024), affirming Cox’s liability for contributory copyright infringement but reversing a vicarious infringement verdict, vacating a $1 billion statutory damages award, and remanding for a new trial on damages.

Read the full case summary by Bridget Carmichael on Merchant's IP Case Updates Blog. 🔗https://hubs.la/Q02msK1W0

Recently, the U.S. Court of Appeals for the Second Circuit issued an opinion in Vans, Inc. v. MSCHF Product Studio, Inc., No. 22-1006 (Dec. 5, 2023), affirming the district court’s grant of a temporary restraining order (TRO) and preliminary injunction enjoining MSCHF’s use of Vans’ trademark and trade dress in its Wavy Baby sneakers.

Read the full case summary by Rachel Zimmerman Scobie on the M&G IP Case Updates Blog. 🔗https://hubs.la/Q02djtFY0

Last week, the U.S. Court of Appeals for the Tenth Circuit issued an opinion in Alfwear, Inc. v. Mast-Jӓegermeister US, Inc., No. 22-4020 (Nov. 28, 2023), affirming the denial of attorney’s fees to Jӓegermeister after it prevailed on summary judgment.

Read the full case summary by Elizabeth Harwood on the M&G IP Case Updates Blog. 🔗https://hubs.la/Q02c4fvM0

Last week, the U.S. Court of Appeals for the Federal Circuit issued an opinion in Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc., 22-1889 (Nov. 6, 2023), vacating and remanding the district court’s judgment of patent infringement.

Read the full case summary by Anneliese Mayer on the M&G IP Case Updates Blog. 🔗https://hubs.la/Q02918gY0

Last week, the U.S. Court of Appeals for the Federal Circuit issued an opinion in Volvo Penta of the Americas, LLC v. Brunswick Corp., No. 2022-1765 (Aug. 24, 2023), vacating and remanding the Patent Trial and Appeal Board’s determination that a Volvo Penta patent was unpatentable as obvious.

Read the full case summary by Joshua Hartman on the M&G IP Case Updates Blog.
🔗https://hubs.la/Q020KzH50

Recently, the U.S. Court of Appeals for the District of Columbia Circuit issued a precedential opinion in National Religious Broadcasters Noncommercial Music License Committee v. Copyright Royalty Board, No. 21-1243 (July 28, 2023), affirming the royalty rates “noninteractive” digital music streaming services must pay owners of the copyrighted sound recordings they stream.

Read the full case summary by John Winemiller & Emily Threatt on the M&G IP Case Updates Blog. 🔗https://hubs.la/Q01-JRsS0

Last week, the Federal Circuit issued a precedential decision in United Therapeutics Corp. v. Liquidia Technologies, Inc., No. 22-2217 (July 24, 2023). The Court affirmed the district court’s holding that the pulmonary hypertension (“PH”) patents at issue were not invalid for lack of enablement.

Read the full case summary by Thomas Johnson on the M&G IP Case Updates Blog. 🔗https://hubs.la/Q01ZD7PF0

Last week, the U.S. Court of Appeals for the Ninth Circuit issued a precedential decision in Hunley v. Instagram, LLC, No. 22-15293 (July 17, 2023), affirming dismissal of the plaintiff photographers’ indirect copyright infringement claims against Instagram because no direct infringement occurred as a matter of law under the Server Test articulated in Perfect 10 v. Amazon, 508 F.3d 1146 (9th Cir. 2007).

Read the full case summary by Bridget Carmichael on the M&G IP Case Updates Blog. 🔗https://hubs.ly/Q01YTY2v0

On June 28, 2023, the Trademark Trial and Appeal Board issued a precedential decision in Advance Magazine Publishers, Inc. v. Fashion Electronics, Inc. (Opp. No. 91247034), holding the affirmative defense of laches can be based on an applicant’s expired prior registration.

Read the full case summary by Heather Kliebenstein & Maya Tazel on the M&G IP Case Updates Blog. 🔗https://hubs.la/Q01Y5BdV0

Last week, the U.S. Court of Appeals for the Federal Circuit issued an opinion in Spireon, Inc. v. Flex Ltd., No. 2022-1578 (June 26, 2023), vacating and remanding the Trademark Trial and Appeal Board’s decision sustaining Flex’s opposition to the registration of Spireon’s FL FLEX mark.

Read the full case summary by Will Schultz & Melissa Quirin on the M&G IP Case Updates Blog. 🔗https://hubs.la/Q01XtNXt0