AI Training and Fair Use
Key Takeaways: While the legal landscape is continuing to take shape, a number of recent court decisions indicate that unlicensed use of copyrighted data to train AI models generally constitutes...
PTAB Update | April 2026
USPTO Introduces Pre-Order Papers for Patent Owners in Ex Parte Reexaminations Jarom D. Kesler & Joshua M. Martineau With the decline of inter partes review (IPR) proceedings and the significant...
Standing Still? Only if Injury-In-Fact Is Tied to the Claims at Issue
IRONSOURCE LTD. v. DIGITAL TURBINE, INC. Before Moore, Lourie, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: An appellant seeking to establish Article III standing based on...
Litigation Update | March 2026
The Credibility of Experts Is in the Province of the Jury Ari Feinstein & Kathryn M. McCarthy Neither the fact that a damages expert’s testimony could have been presented more clearly, nor...
PTAB Update | February 2026
Challenged Director-To-PTAB Instructions Did Not Require Notice-And-Comment Rulemaking Ari Feinstein & Jacob S. Etling Challenged instructions that the PTO’s Director gave to the PTAB regarding discretionary denial of inter partes...
The Credibility of Experts Is in the Province of the Jury
WILLIS ELECTRIC CO., LTD. v. POLYGROUP LTD. (MACAO COMMERCIAL OFFSHORE) Before Moore, Stark, and Oetken (sitting by designation). Appeal from the United States District Court for the District of Minnesota....
Presented by Netflix—Grammar Police: An Exercise in Claim Construction
NETFLIX, INC. V. DIVX, LLC Before Moore, Dyk, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: Common principles of English grammar may be used to identify the...
Challenged Director-To-PTAB Instructions Did Not Require Notice-And-Comment Rulemaking
APPLE INC. v. SQUIRES Before Lourie, Taranto, and Chen. Appeal from the United States District Court for the Northern District of California. Summary: Challenged instructions that the PTO’s Director gave...
Life Science Update | December 2025
Purdue Pharma’s $7.4 Billion Chapter 11 Plan Formally Approved Eric Furman, Ph.D. & Rhett D. Ramsey A federal bankruptcy court on November 18 formally approved Purdue’s $7.4 billion Chapter 11...
Proposed Legislation to Codify “Skinny Label” Safe Harbor
On December 5, 2025, the Skinny Labels, Big Savings Act (H.R. 6485) was introduced in the House of Representatives. The bill, if enacted, would shield certain drug manufacturers who have...
Volunteer Legal Advocates Honors Ari Feinstein for Pro Bono Work Supporting Domestic Violence Victims
WASHINGTON, D.C., November 14, 2025 – Knobbe Martens is proud to share that partner Ari Feinstein has received the “Civil Protection Order Volunteer of the Year” recognition from Volunteer Legal...
Life Science Update | October 2025
USPTO, JPO, and EPO Meet to Discuss Global IP Challenges Joseph Mallon, Ph.D. & Ashley C. Morales Beginning on October 20, 2025, recently confirmed United States Patent and Trademark Office (USPTO) Director...
New FDA Program Prioritizes Review of Certain ANDAs
On October 3, 2025, the U.S. Food and Drug Administration (FDA) unveiled a pilot prioritization program that provides for accelerated review of abbreviated new drug applications (ANDAs) for generic companies...
Dozens of Knobbe Martens Lawyers Featured in “Best Lawyers” 2026 Guide
IRVINE, Calif., August 21, 2025 – Knobbe Martens is pleased to share that dozens of the firm’s lawyers, representing a range of practice areas and offices across the country, have...
Knobbe Martens Obtains Victory for Padagis Pharmaceuticals in Glaucoma Treatment Patent Case
Favorable judgment for Padagis will result in more affordable access to glaucoma medication SEATTLE and WASHINGTON, D.C., February 13, 2025 – A team from Knobbe Martens, led by Carol Pitzel...
Ari Feinstein and Andrea Cheek Author Article on Impact of Chevron Overturn in IP & Technology Law Journal
In the article “An Examination of the Impact of Chevron’s Death on Certain Intellectual Property Laws,” partners Ari Feinstein and Andrea Cheek explore the effects of the Supreme Court’s 2024...
Knobbe Martens Elects New Partner Class
Newly elected partners come from a diversity of backgrounds, offices and practice areas within the firm IRVINE, Calif., January 13, 2025 – Knobbe Martens, a leading intellectual property law firm,...
Edwards v. Meril at the Supreme Court: Testing the Scope of Hatch-Waxman’s Safe Harbor
On October 11, 2024, Edwards[1] filed a petition for a writ of certiorari with the U.S. Supreme Court.[2] The question presented, as framed by Edwards, is: “Whether, under Hatch-Waxman’s safe...
“Improper” Listing of Patents in the FDA’s Orange Book
As we previously discussed, on November 7, 2023, the Federal Trade Commission (“FTC”) sent warning letters to certain drug manufacturers regarding their purportedly improper listings of device patents in the Food and Drug Administration’s (“FDA”) Approved Drug Products with Therapeutic Equivalence Evaluations (“Orange Book” or “OB”).
Antitrust Lawsuit Brought Against Drug Manufacturer Based on Its Allegedly Improper Listing of Device Patents in the FDA’s Orange Book
As we recently discussed recently discussed, the Federal Trade Commission (“FTC”) sent warning letters to certain drug manufacturers regarding their purportedly improper listing of device patents in the Food and Drug Administration’s (“FDA”) Approved Drug Products with Therapeutic Equivalence Evaluations (“Orange Book”). Rahul Rao, the deputy director of the FTC’s Bureau of Competition and the person who signed the warning letters, recently explained the FTC’s position in unequivocal terms: “The Orange Book is only supposed to list patents covering active drug ingredients. So, we focused on device patents that have nothing to do with the active drug.”
In IP & Tech Law Journal, Andrea Cheek and Ari Feinstein Discuss Patent Venues
Knobbe Martens partner Andrea Cheek and associate Ari Feinstein authored “Patent Venue, and How It Works in Abbreviated New Drug Application Litigation,” published in Intellectual Property & Technology Law Journal....
