Federal appellate courts issued several intellectual property and regulatory decisions this week, according to IPWatchdog's weekly roundup. The Federal Circuit dismissed a challenge by US Inventor to the phrase "right to exclude others" printed on issued U.S. patents, ruling that the advocacy group lacked standing. The decision leaves the disputed language in place without reaching the merits.
In drug enforcement, the Fourth Circuit affirmed an injunction against a scheme to divert Turkish-label versions of Biktarvy into the U.S. for sale. Separately, the D.C. Circuit upheld CMS's interpretation that certain drugs are single-source, a determination that can affect how drug pricing and rebate rules are applied.
The Ninth Circuit also deepened an existing circuit split over when attorney's fees may be awarded under the Lanham Act. The source reports these rulings as notable developments but does not provide detailed reasoning or dissents for any of the decisions.