The Copyright Act provides protection to the artistic features of useful articles, provided the features can be identified separately from, and are capable of existing independently of, the articles on which they appear. For years, courts had struggled to provide a workable approach to “separability, and the federal courts of…
In the wake of the Supreme Court’s landmark decision in FTC v. Actavis, Goodwin attorneys have been at the forefront of litigating antitrust challenges to settlement agreements between brand and generic pharmaceutical companies. In this case, Goodwin filed an amicus brief on behalf of the Association for Accessible Medicines (formerly…
Goodwin filed an amicus brief on behalf of its client, the Generic Pharmaceutical Association, in this False Claims Act case. Goodwin lawyers argued that the First Circuit’s holding that mere regulatory violations could give rise to a False Claims Act claim could result in massive and disproportionate liability for compliance…
The City of Los Angeles brought a Fair Housing Act suit against a Fortune 50 bank, alleging that defendants violated the Fair Housing Act by originating purportedly predatory loans to minority borrowers since 2004. The Goodwin team won summary judgment on the ground that the City failed to prove an…
In this case, the Supreme Court granted review to reconsider the standard for awarding enhanced damages for patent infringement under 35 U.S.C. § 284. Goodwin attorneys filed an amicus brief in support of neither party, advocating that the Supreme Court retain a willfulness requirement but adopt a more flexible standard…
Goodwin represented MIT and the Children’s Medical Center Corporation in a dispute against Shire Pharmaceuticals, Inc. and Shire Regenerative Medicine, Inc. (collectively, “Shire”) for infringement of two patents concerning the production of a three-dimensional scaffolding that would allow pre-grown cells to produce organ tissue in a patient. Goodwin prevailed in…
Google filed a petition for covered business method (CBM) review of a patent owned by Unwired Planet. Covered business method review is only available for patents claiming a covered business method. The Patent Trial and Appeal Board (“PTAB”) ruled that Unwired Planet’s patent claimed a covered business method, and invalidated…
Goodwin attorneys successfully persuaded the Supreme Court to deny the petition for certiorari in a First Amendment challenge brought by the American Freedom Defense Initiative to the Massachusetts Bay Transportation Authority’s application of its advertising guidelines. The case raised the question of when a public transit authority creates a designated…
Goodwin prepared an amicus brief in the Ninth Circuit in support of Teck Resources, Inc., a Canadian metals and mining company, relating to the types of environmental releases that trigger liability under CERCLA. This case involves the significant issue of whether cross-boundary movement of pollutants into the United States from…
In the wake of the Supreme Court’s landmark decision in FTC v. Actavis, Goodwin attorneys have been at the forefront of litigating antitrust challenges to settlement agreements between brand and generic pharmaceutical companies. In this case, Goodwin filed an amicus brief on behalf of the Association for Accessible Medicines (formerly…