McAndrews, Held & Malloy, Ltd.

On Dec. 30, 2024, the United States Court of Appeals for the Federal Circuit affirmed the April 2023 District Court opinion in favor of McAndrews client Accord Healthcare, Inc. Accord filed an abbreviated new drug application (ANDA) for approval to market a generic version of Purdue Pharma’s OxyContin® branded extended release oxycodone hydrochloride tablets. Purdue Pharma alleged that Accord’s proposed ANDA product would infringe five Purdue patents if marketed. Accord asserted that each of the five patents was invalid. The Federal Circuit issued a decision siding with Accord, invalidating all of the asserted claims of the five Purdue patents. Accord is represented by Alejandro Menchaca, Ben Mahon, and Bradley Loren. #IntellectualProperty #IPLaw #IP

After more than two decades of negotiation, the Design Law Treaty (DLT) has been adopted. Christopher V. Carani, Esq. offers a firsthand look at his participation in the process to help bring harmony to international design law. For two weeks in Riyadh, Saudi Arabia, 135 countries and dozens of NGOs discussed the intricacies of design law practice. Learn more about the DLT, its objectives, and key takeaways from Chris in this coverage: Law360: https://bit.ly/3ONvwjx (subscription required) WTR: https://bit.ly/4inkAH7 (subscription required) IPWatchdog: https://bit.ly/3ZtgMva #IntellectualProperty #IPLaw #IP 

In the November/December issue of IP Litigator, Christopher Scharff contributed a story entitled, “Form Versus Function: Protecting Product Design Through Design Patents, Trade Dress, and Copyrights.” His article explores different ways to protect a product’s design, along with the advantages and disadvantages of each method. Read the complete article here: https://bit.ly/49NGDCT #IntellectualProperty #IPLaw #IP

Sandra Frantzen has made significant professional contributions through her patent litigation work, worldwide IP portfolio management in fields such as medical devices, pharmaceuticals, consumer products, and biotechnology, as well as her advocacy for the Arab American legal community. These accomplishments, and more, are highlighted by the University of Chicago Law School in this special feature. #IntellectualProperty #IPLaw #IP 

Congratulations to Christopher V. Carani, Esq. on being elected as a Fellow of the American Intellectual Property Law Association (AIPLA) by the AIPLA Board of Directors. AIPLA Fellows are chosen based on “(1) outstanding service to the Association, (2) prominence within the intellectual property profession, (3) learned contributions to the profession through teaching and writing, and (4) observance of the highest standards of ethical conduct.” Fellows dedicate their efforts to providing mentorship and working on specialized projects assigned by the Board and other AIPLA committees. #IntellectualProperty #IPLaw #IP 

McAndrews is proud to announce that partner Christopher V. Carani, Esq. has been elected to a three-year term on the Board of Directors for the American Intellectual Property Law Association (AIPLA). Chris is a dedicated member of AIPLA with 25 years of active involvement. He previously chaired the AIPLA Design Rights Committee and now serves as the Board liaison for the committee. Throughout his tenure, Chris has authored six amicus briefs for AIPLA, including influential contributions to landmark en banc Federal Circuit cases Egyptian Goddess v. Swisa (Fed. Cir. 2008) and, more recently, LKQ v. General Motors (Fed. Cir. 2024). From 2020 to 2022, Chris chaired AIPPI-US (a division of AIPLA), overseeing the group's initiatives and guiding the successful hosting of the 2022 AIPPI World Congress in San Francisco. McAndrews is proud to support AIPLA, an organization that has been a driving force in championing the intellectual property industry for over 125 years. Learn more here: https://bit.ly/3BbyjzU #IntellectualProperty #IPLaw #IP 

Wil Rao notes that "the burden and complexity of US patent litigation have increased in recent years." Contributing factors include more litigation by NPEs, third-party funded cases, the America Invents Act of 2011, and landmark cases that have narrowed patent eligibility, injunction availability, and jury trials on invalidity. In his Lexology In-Depth Patent Litigation USA Chapter, Wil reviews key developments in patent litigation over the past year, discussing recent cases, legal changes, procedural updates, and their practical impacts. Read Wil’s patent litigation chapter here: https://bit.ly/3ZJXjrs #IntellectualProperty #IPLaw #IP

On Nov. 20, the USPTO declined to institute an IPR requested by Siemens Mobility, Inc., Ground Transportation Systems USA, Inc., and Piper Networks, Inc., which had sought to challenge Metrom Rail’s Patent 9,731,738. Critical in the denial was McAndrews showing that the issues raised in the petition were substantially the same as those already considered during the patent’s prosecution. Administrative patent judges Neil T. Powell, Stacey G. White, and Brent M. Dougal presided over the case. Metrom Rail is represented by Greg Schodde, Philipp Ruben, Rajendra Chiplunkar, and Alejandro Menchaca.   #IntellectualProperty #IPLaw #IP

As a 2025 IAM Global Leader, Christopher V. Carani, Esq. offers his views on the latest in design patent law. He discusses some of the biggest pressures on clients right now and how to overcome them, advice for aspiring IP professionals, milestones in his professional journey and how they contributed to becoming a leading design patent strategist, and the most common misconceptions companies have about design rights protection. Read the Q&A here: https://bit.ly/4evKSn8 #IntellectualProperty #IPLaw #IP

In the September/October issue of IP Litigator, Carey J. Prill and Garrett Muscott contributed a story entitled, “Tiny Hands, Tremendous Trademark Trouble: Analyzing the Legal Fallout of the TRUMP TOO SMALL Trademark Controversy.” Their article explores the dispute surrounding legislation that prohibits registration of a trademark bearing the name of a person without their written consent. In this instance, it is in reference to efforts to register the mark “Trump too small,” which includes the name of the current United States President-elect. Read the complete article here: https://bit.ly/3UPUBxI #IntellectualProperty #IPLaw #IP