Expert Analysis

• Fed. Circ. In Oct.: Spotlight On Wording Beyond Patent Claims

  

  The Federal Circuit's recent decision in Barrette Outdoor Living v. Fortress Iron provides useful guidance on how patent prosecutors should avoid language that triggers specification disclaimer and prosecution disclaimer, doctrines that may be used to narrow the scope of patent infringement claims, say attorneys at Knobbe Martens.

• New Drug Ad Regs Could Lead To A Less Informed Public

  

  A federal push to mandate full safety warnings in pharmaceutical advertising could make drug ads less appealing for companies to air, which in turn could negatively affect consumers' health decisions by removing an accessible information source, say Punam Keller at Dartmouth College and Ceren Canal Aruoba at Berkeley Research Group.

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  Preaching Makes Me A Better Lawyer

  

  Becoming a Gospel preacher has enhanced my success as a trial lawyer by teaching me the importance of credibility, relatability, persuasiveness and thorough preparation for my congregants, the same skills needed with judges and juries in the courtroom, says Reginald Harris at Stinson.

• A Look At Middlemen Fees In 340B Drug Discount Program

  

  A U.S. Senate committee's recent hearing on the Section 340B drug discount program, along with statistical analysis of payment amounts, contribute to a growing consensus that middlemen fees are too high, say William Sarraille at the University of Maryland, and Shanyue Zeng and Rory Martin at IQVIA.

• How Large Patent Damages Awards Actually Play Out

  

  Most large verdicts in patent infringement cases are often overturned or reduced on appeal, implying that the Federal Circuit is serving its intended purpose of correcting outlier outcomes, and that the figures that catch headlines and dominate policy debates may misrepresent economic realities, says Bowman Heiden at Berkeley School of Law.

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  Law School's Missed Lessons: Practicing Client-Led Litigation

  

  New litigators can better help their corporate clients achieve their overall objectives when they move beyond simply fighting for legal victory to a client-led approach that resolves the legal dispute while balancing the company's competing out-of-court priorities, says Chelsea Ireland at Cohen Ziffer.

• Navigating 2025's Post-Grant Proceeding Shakeups

  

  Extensive changes to the U.S. Patent Trial and Appeal Board's post-grant proceedings this year, including the new settled expectations factor and revitalization of Fintiv factors, require petitioners and patent owners alike to be mindful when selecting patents to assert and challenge, say attorneys at Quinn Emanuel.

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  The Law Firm Merger Diaries: How To Build On Cultural Fit

  

  Law firm mergers should start with people, then move to strategy: A two-level screening that puts finding a cultural fit at the pinnacle of the process can unearth shared values that are instrumental to deciding to move forward with a combination, says Matthew Madsen at Harrison.

• Latisse Ruling's Lessons On Avoiding Chemical Patent Pitfalls

  

  The Federal Circuit's decision in Duke v. Sandoz, reversing a $39 million infringement claim for selling a generic Latisse product, reinforces a fundamental truth in chemical patent strategy: Broad genus claims rarely survive without clear evidence of possession of specific embodiments, says Kimberly Vines at Stites & Harbison.

• Considerations When Invoking The Common-Interest Privilege

  

  To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.

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  The Law Firm Merger Diaries: Making The Case To Combine

  

  When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.

• Key Risks For Cos. As MAHA Influences Food Regulation

  

  As the Make America Healthy Again movement alters state and federal legislative and regulatory priorities, measures targeting ultra-processed foods, front-of-package labeling requirements and restrictions on schools are creating new compliance and litigation risks for food and beverage manufacturers, pharmaceutical companies, retailers and digital advertisers, say attorneys at Kelley Drye.

• State AGs May Extend Their Reach To Nat'l Security Concerns

  

  Companies with foreign supply-chain risk exposure need a comprehensive risk-management strategy to address a growing trend in which state attorneys general use broadly written state laws to target conduct that may not violate federal regulations, but arguably constitutes a national security threat, say attorneys at Wiley.

• Opinion

  Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar

  

  Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.

• Key Strategies For Supplement Cos. Facing Lead Risks

  

  In the wake of a recent Consumer Reports article detailing dangerously high levels of lead in many popular protein powders, supplement companies face increased litigation, rising enforcement risks and reputational harm — underscoring the need to monitor supply chains, test ingredients and understand labeling standards, say attorneys at Husch Blackwell.