Chanson Chang

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District Court Dismisses State Law Unfair Competition Claim as Preempted by Federal Copyright and Patent Law

The Northern District of Texas recently held that federal copyright and patent laws preempted a state law unfair competition claim involving rival medical device companies.  The decision reflects that a preemption analysis does not consider whether the facts support actual protection by copyright or patent law.  Rather, the copyright preemption analysis looks to, among other … Continue Reading

District Court Opinion Provides Guidance for Extensions of Medical Device Patents Containing Method Claims

Last month, the Eastern District of Virginia held that a patent covering a medical device may not be eligible for an extension unless the patent “claim[s] the use of the particular product that underwent FDA review.”  The case serves as an important reminder that, for purposes of securing a patent term extension, applicants claiming methods … Continue Reading