I’ve previously written about Arbutus’ patent disputes with Moderna and Pfizer.  In Arbutus’ case against Pfizer, the court recently conducting a claim construction hearing.  Before that hearing, Pfizer argued that many of Arbutus’ patents are “indefinite.”  The court held it was premature for Pfizer to make this argument, but Pfizer nonetheless established that when the case reaches summary judgment, it will rely upon the doctrine of indefiniteness to prevail against Arbutus.  What is indefiniteness in patent law?  Are Arbutus’ patents indefinite?  How viable is Pfizer’s “indefiniteness” defense?

By now, we have all read about the recent debacle of an attorney who filed a brief drafted by AI that turned out to have fabricated case citations.  The case is a cautionary tale.  But it will hardly diminish the threat that AI poses to the legal profession.  That threat applies equally to patent lawyers.  Will generative AI eventually replace patent lawyers?

Exelixis is on the eve of trial against MSN over its prospective generic for Cabometyx. Yet, there are now two separate patent litigations between the companies related to Cabometyx. Exelixis succeeded in slowing down MSN’s entry by keeping the cases separate, but an MSN victor in the upcoming trial may increase the odds of an at-risk launch.

The PTAB’s decision in Apple, Inc. v. Fintiv, Inc., Case No. IPR2020-00019 (Paper No. 11) has been designated precedential as of May 5, 2020. The decision outlines the factors that the PTAB will consider when determining whether petitions should be denied under § 314(a) based upon a parallel district court litigation in which the same invalidity arguments have been raised. The case implicates the balance between patent owners and patent challengers, and who carries the heavier load.

Morphosys’ ($MOR) patent trial against Janssen ($JNJ) and Genmab was headed for trial in February.  In advance of that trial, however, the parties traded numerous summary judgment motions.  On January 26, Genmab announced that the District Court granted its motion to invalidate the asserted patents.  What happens next?

Earlier this week, we blogged about the series of pending summary judgment motions in MorphoSys’ ($MOR) lawsuit accusing Janssen’s ($JNJ) Darzalex® of infringing its patents.  The Court heard oral argument on December 3.  The transcript of that hearing is not currently publicly available.  The Court, however, did issue oral rulings at the end of the hearing that hit the docket on December 4.  What do the rulings mean?

Amgen’s ($AMGN) patent fight against Regeneron ($REGN) and Sanofi has been quiet for much of this year.  But it is likely to heat up again shortly.  What is coming up?