Advertising Confidentiality Copying Public Use 
Patently-O
AUGUST 13, 2021
The court relied upon additional facts not found in the question presented–noting that the document in question was distributed to hundreds of customers over a span of years and without any confidentiality restrictions; and that product advertisements were designed to attract persons of skill in the art. 102(a)(1).
Fish & Richardson Trademark & Copyright Thoughts
FEBRUARY 4, 2021
In February 2020, FDA and FTC took steps to encourage biosimilar competition , with a focus on truthful and non-misleading advertising. Coinciding with this announcement, FDA issued draft guidance titled “ Promotional Labeling and Advertising Considerations for Prescription Biological Reference and Biosimilar Products Questions and Answers.”
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