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Getting Lost in the Thicket: AbbVie Wields Its Expansive Humira® Patent Portfolio Against Alvotech’s Adalimumab Biosimilar
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Author: Andrew J. Storaska Published: June 24, 2021 In the most recent of a series of litigations by AbbVie against manufacturers seeking to market biosimilar versions of Humira®, the world’s most profitable drug, AbbVie initiated an action against Alvotech in the district court for the Northern District of Illinois on April 27, 2021,

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Rothwell Fig, biosimilars, AbbVie
Chinese Patent Linkage, Patent Term Adjustment, and Patent Term Extension Guidelines Unveiled For Comments
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Author: Xiaoban Xin Published: August 25, 2021 On August 3, 2021, the China National Intellectual Property Administration (CNIPA) released the Draft Revised Patent Examination Guidelines (“Draft Guidelines”) for comments.  The revisions in the Draft Guidelines reflect the recently amended Chinese Patent Law that came into effect on June 1, 2021, and the Draft Revised Implementing Regulations (“Draft

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privacy law, Rothwell Fig, Chinese Patent Linkage
Andy Warhol Decision Spells Stronger Rights for Photographers Fighting Infringers: Addendum Lutzker, Susan J.
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Author: Susan J. Lutzker Published: August 26th, 2021 Less than two weeks after the United States Court of Appeals for the Second Circuit issued its decision in The Andy Warhol Foundation v. Goldsmith, narrowing the range of works which can be considered ‘transformative’ under a fair use analysis, the Supreme Court issued its

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Lutzker & Lutzker LLP, Copyright Law, Andy Warhol
The Copyright Alternative in Small-Claims Enforcement Act of 2020 (Case Act) Lutzker, Susan J.
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Author: Susan J. Lutzker Published: August 25th, 2021 The new CASE Act offers the opportunity for copyright owners to enforce their interests before a small-claims tribunal, rather than in expensive federal court litigation. As the specifics of implementing the law take shape, many questions surround its legality and the likely effectiveness. Click here to

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Lutzker & Lutzker LLP, Copyright Law, CASE act
In United States v. Arthrex, the Supreme Court Delivers A Seemingly Simple Solution That May Prove More Complicated in Practice
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Author: Dylan Haversack Published: June 23, 2021 This week, in United States v. Arthrex, Inc., the Supreme Court vacated and remanded a decision by the Court of Appeals for the Federal Circuit (“the CAFC”), holding that the administrative patent judges (“APJs”) at the Patent Trial and Appeal Board (“the Board”) are unconstitutionally appointed. While

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Supreme Court, PTAB, USPTO
Proper Representation of Prophetic Examples
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Author: Patrick Moon Published: July 29, 2021 Earlier this month, the United States Patent and Trademark Office (USPTO) published a notice in the Federal Register providing guidance regarding the proper presentation of prophetic examples and working examples in a patent application. According to the guidance, the proper presentation of prophetic and working examples

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PTAB, USPTO, Rothwell Fig
Suspending the Rules: A Year’s Worth of USPTO Petitions
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Author: Richard E. Waterman Published: August 17, 2021 In some circumstances, patent applicants may petition the Patent Office to suspend non-statutory rules under 37 CFR § 1.183. As the text of the rule indicates, the Patent Office will only grant such petitions “[i]n an extraordinary situation, when justice requires,” but does not clarify

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PTAB, USPTO, Rothwell Fig