Insights on Patent Litigation

In a precedential opinion issued on March 6, the Federal Circuit affirmed the US District Court for the Eastern District of Virginia that the claims in ImmunoGen’s US patent application 14/509,809 (“the ’809 application,” published on May 14, 2015, as US 2015/0132323) were obvious.

In Kroy IP Holdings, LLC v. Groupon, Inc., 127 F.4th 1376 (Fed. Cir. 2025), the Federal Circuit held that patentees in district court are not collaterally estopped from asserting claims that were not immaterially different from other claims of the same patent that the US Patent Trial and Appeal Board (PTAB) already held to be unpatentable.

On February 28, the US Patent and Trademark Office (USPTO) rescinded former Director Kathi Vidal’s 2022 memorandum on discretionary denials in Patent Trial and Appeal Board (PTAB) post-grant proceedings running parallel to district court litigation.

Effective February 3, the US International Trade Commission (ITC) amended its Rules of Practice and Procedure governing Section 337 investigations. While some of these amendments make technical corrections and clarifications, others substantively revise a number of rules for amending complaints, discovery limitations, and litigation funding.

Across the fashion and retail markets, artificial intelligence (AI) is revolutionizing design, marketing, and customer engagement. The legal implications surrounding intellectual property (IP) issues and the unchartered regulatory landscape puts companies at a crossroads.

ArentFox Schiff has been nationally recognized with 35 top rankings in the 2025 edition of Best Law Firms®, which honors firms for professional excellence based on consistently positive ratings from clients and peers.

ArentFox Schiff is pleased to announce that 135 attorneys have been recognized by The Best Lawyers in America 2025, with two attorneys highlighted as “Lawyers of the Year” and 70 attorneys listed as “Ones to Watch.”

The coast-to-coast expansion of ArentFox Schiff’s nationally recognized Intellectual Property practice continues with the addition of Partner Ehsun Forghany in the San Francisco office.

One month after the Federal Circuit altered the obviousness standard for design patents in a much-anticipated en banc decision in LKQ Corporation v. GM Global Technology Operations LLC, an Arizona federal judge in Cozy Comfort vs. Top Brand held that the revised test did not warrant a new trial on an $18.4 million verdict issued under the “improperly rigid” obviousness standard replaced by LKQ.

Janine Carlan will speak at the Fourth Annual Patent Litigation Program IPWatchdog Masters™ series on May 14, 2024.

Bradford Frese will present at the 13th Annual Pharma IPR India Conference on March 5, 2024.

ArentFox Schiff has been awarded 62 top rankings in the 2024 edition of Best Law Firms® which recognizes firms for professional excellence based on consistently positive ratings from clients and peers.

Kevin Nelson will speak at the American Conference Institute’s 9th Annual Paragraph IV Disputes Master Symposium on October 25, 2023.

ArentFox Schiff is proud to announce that the firm has been recognized as “Firm of the Year – Hatch-Waxman Litigation” at the LMG Life Sciences Americas Awards 2023.

Sailesh Patel will present at the 6th World Legal Tech Summit on September 8, 2023.

ArentFox Schiff is pleased to announce that 130 attorneys have been recognized by The Best Lawyers in America 2024, with an additional four attorneys highlighted as “Lawyers of the Year” and 69 attorneys listed as “Ones to Watch.”

ArentFox Schiff is pleased to announce that 93 attorneys and 21 practices have been ranked by The Legal 500 United States 2023 guide, a nationwide analysis of law firms that provide cutting-edge and innovative advice.

ArentFox Schiff is pleased to announce that 70 attorneys were recognized as leaders in their field and 24 practices spanning the firm’s litigation, regulatory, and transactional capabilities were ranked in the 2023 edition of Chambers USA.

“Why Aren’t There More Patent Cases Pending, Considering the Size of the Biosimilar Pipeline?”

Partner Kevin Nelson shared his insight on the current state of biosimilar patent litigation and regulatory proceedings, and new challenges facing drug manufacturers in bringing biosimilar products to market.

ArentFox Schiff is pleased to sponsor ACI’s 18th Annual Paragraph IV Disputes Conference with Kevin Nelson presenting on April 20, 2023.

Richard Berman and Bradford Frese will present at the Annual US PARA-IV & Global IP Litigation Symposium on March 3 and 4, 2023

ArentFox Schiff is pleased to announce that the firm and two partners have been shortlisted for the annual Managing IP Americas Awards.

ArentFox Schiff is pleased to announce that Partner and Executive Committee Member Imron Aly has been ranked as an IAM Global Leader in Illinois for 2023.

ArentFox Schiff has been recognized with 53 top rankings in the 2023 edition of US News – Best Lawyers® “Best Law Firms.”