Insights

Washington, D.C. – January 4, 2016: Crowell & Moring LLP is pleased to announce that it has elected nine attorneys to the firm's partnership, effective January 1, 2016. The firm has also promoted 15 associates to the position of counsel. The new partners and counsel have been promoted from within the ranks of the firm's Washington, D.C., New York, and Orange County offices, and underscore the firm's commitment to its Antitrust, Health Care, Insurance/Reinsurance, Government Contracts, Advertising & Product Risk Management, Mass Tort, Product, and Consumer Litigation, International Trade, Aviation, Administrative Law & Regulatory, and Intellectual Property Groups.

Washington, D.C. - October 1, 2015: Crowell & Moring represented Apotex in successfully challenging the validity of U.S. Patent No. 8,324,283 before the U.S. Patent and Trademark Office Patent Trial and Appeals Board (PTAB). Apotex, along with generic pharmaceutical companies Torrent Pharmaceuticals and Mylan Pharmaceuticals, petitioned the PTAB to invalidate the '283 patent related to oral formulations for the administration of the multiple sclerosis drug fingolimod, marketed by Novartis as Gilenya®. As a result, all claims of the '283 patent were found invalid by PTAB.

Washington, D.C. - January 11, 2010: Crowell & Moring LLP is pleased to announce it has elected four attorneys to the firm's partnership effective January 1, 2010. The firm has also promoted eight associates to the position of counsel. The new partners and counsel have been promoted from within the ranks of the firm's Washington, D.C., Orange County, CA., New York, London, and Brussels offices.

On January 10, 2024, the United States Patent and Trademark Office (USPTO) published Guidelines for assessing enablement after the Supreme Court’s recent decision in Amgen Inc. et al. v. Sanofi et al.  The Guidelines inform Examiners and the public on the Office’s implementation of the Amgen opinion. In sum, the Guidelines maintain the status quo.   

In the April 12, 2023 decision in Sequoia Technology, LLC v. Dell, Inc., No. 21-2263, a case involving infringement and validity of a patent related to digital storage of data in a server, the Federal Circuit reversed the district court, in part, and held that a “computer-readable recording medium storing instructions” does not encompass transitory media. 

Although the Patent Trial & Appeal Board’s (PTAB) reliance on Fintiv to deny petitions for Inter Partes Review (IPR) has waned since Kathi Vidal was named Director of the USPTO and the advent of Sotera stipulations, these so-called Fintiv denials remain the subject of intense scrutiny by the patent bar. On March 13, 2023, the Federal Circuit Court of Appeals revived a challenge to the PTAB’s practice of discretionary denials under Fintiv, allowing it to proceed before the district court.[1] This revival will no doubt be welcomed by patent challengers who dislike the PTAB’s current practice under Fintiv.

Endless articles, commentary, and blog entries have been rattling the cage about the brave new world of the metaverse and the unprecedented legal issues that may arise and, in some cases, that have already arisen.

Partner Deborah Yellin and Senior Counsel Dr. Mary Anne Schofield, will be presenting "Biosimilar Biological Products" as part of the Food and Drug Law Institute’s Introduction to Biologics and Biosimilars Law and Regulation course in Washington, D.C., October 1-2. The two-day course explores the regulation of biological products, including biotechnology–derived therapeutic proteins, human tissue, gene, and cell products. Attendees will also gain a comprehensive understanding of the various administrative agencies that impact these industries. 

This is a joint program between the Pauline Newman IP American Inn of Court and the Hon. William C. Conner American Inn of Court.