article thumbnail

“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey’s Reaction To Sovereign Immunity, Intellectual Property, & Takings

LexBlog IP

26 , rejected the claim that taking away, or ignoring, the ability-to-control indicia of ownership amounts to a taking: Similarly, property rights, including copyright, have been described as ownership of a bundle of rights or interests. Indeed, the intermediate Texas appellate court, at Jim Olive Photography, 580 SW3d at 376, fn.

article thumbnail

Biosimilars 2020 Year in Review

Fish & Richardson Trademark & Copyright Thoughts

This presumption is a departure from the traditional framework for analyzing the legality of patent settlements set forth by the Supreme Court in the 2013 case, FTC v. Actavis , under which an antitrust plaintiff bears the burden of proof. 9,643,997, which is directed to protein purification. A jury trial is scheduled for May 17, 2021.