Patently-O

AUGUST 19, 2022

Par had listed two patents in the Orange Book as covering its product and so, as required, Eagle’s ANDA included a Paragraph IV certification that the two patents were either (1) invalid or (2) would not be infringed. Both Par patents include a pH requirement: “wherein the unit dosage form has a pH of 3.7-3.9.”

Branding 87

Branding Brands Branding Marketing 87

IP Watchdog

MAY 23, 2024

Applications for design patents have surged in recent years, with the U.S. Patent and Trademark Office (USPTO) reporting a 20% increase in applications over the last five years.

Design Patent 59

Design Patent Designs Design Intellectual Property 59

Patent Trademark Blog

DECEMBER 13, 2023

How do you get patents that will stop Amazon sellers from taking your sales? Do you need a design or utility patent , or both ? How do you know if your patent claims are any good ? What matters most in getting patents to stop Amazon sellers from copying your product? Your focus should be on the patent claims.

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Design Patent Patent Designs Design 52

Patently-O

DECEMBER 4, 2022

Recent Headlines in the IP World: Matt Birney: Proteomics Secures Hong Kong Patent for Kidney Disease Test (Source: The West Australian). Jesse Coghlan: Apple Job Listings and Patents Hint at Foray into ‘3D Mixed-Reality World’ (Source: Cointelegraph). New Job Postings on Patently-O: Klarquist – Computer Science Attorney or Agent.

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Patent Journalism Patent Application IP 63

Patently-O

AUGUST 25, 2023

July 27, 2023) In a recent tax appeal, the Third Circuit court of appeals afformed that legal expenses incurred by generic drug makers to defend against patent infringement suits brought under the Hatch-Waxman Act are deductible as ordinary and necessary business expenses.

Litigation 52

Litigation Patent Infringement Branding Brands 52

IP Tech Blog

DECEMBER 20, 2023

Most drugs are covered by multiple patents, with initial patents directed broadly to the compound and later patents directed to increasingly narrower uses of the compound. It provides for competition but sometimes results in infringement due to off-label use of the generic drug – a delicate balance. In the case of H.

Patent 62

Patent Litigation Marketing Marketing 62

LexBlog IP

FEBRUARY 2, 2023

This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on NPE litigation as a whole, and what to expect in 2023. “Everyone infringes” is an NPE’s dream.

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Litigation Patent Troll Settlement Technology 40

JD Supra Law

AUGUST 23, 2022

When there are multiple ANDA filers for the same drug, it may not be possible for a branded pharmaceutical company to bring Hatch-Waxman Act patent infringement suits against all of them in the same court consistent with the applicable venue statute.

Branding 52

Branding Brands Branding Patent Infringement 52

Patently-O

JULY 5, 2021

Recent Headlines in the IP World: John Power: Government of Canada Announces New Independent Regulator for Patent and Trademark Agents (Source: CISION). Mikey Campbell: Apple Seeks to Halt Latest VoIP-Pal Patent Infringement Litigation (Source: Apple Insider). Contreras: Shepardizing Patents (Source: SSRN).

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Patent Journalism Patent Infringement Branding 58

Patently-O

AUGUST 3, 2021

This decision shows how potential defendants can easily use their corporate structure to shelter a parent company from having to defend against patent infringement lawsuits. Andra sued Victoria’s Secret for infringing its US Pat. Brand) which creates the apparel products. Andra Group v. Aug 3, 2021 ). 1400(b).

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Branding Brands Branding Business 126

Patently-O

DECEMBER 28, 2022

The company also owns a design patent covering the product. The action would allege both (1) Federal Patent Infringement; and (2) Unfair Competition (based upon Texas state law). The action would allege both (1) Federal Patent Infringement; and (2) Unfair Competition (based upon Texas state law). Federal Court.

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Editing Law Intellectual Property Branding 71

Patently-O

DECEMBER 20, 2022

I have one branded FIDELO with a carbon-fiber case that claims to block scammers trying to read the chip on my credit card. Mosaic Brands, Inc. In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation.

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Art Branding Brands Branding 124

IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. This milestone comes during a particularly prolific period for design patents. In 2022 alone, the USPTO received more than 50,000 design patent applications.

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Design Patent Designs Design Patent 59

IPilogue

APRIL 22, 2022

ViiV Healthcare (“ViiV”), majority-owned by GlaxoSmithKline (“GSK”), claims that Gilead’s bictegravir (sold under the brand name “Biktarvy”) directly copied its dolutegravir’s formulation under U.S. Patent 8,129,385 (“patent 385”). The two companies have agreed to settle with Gilead paying $1.25 sales of Biktarvy.

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IP Watchdog

AUGUST 4, 2021

Court of Appeals for the Federal Circuit (CAFC) affirmed the Eastern District of Texas’ partial grant of Victoria’s Secret Stores LLC, Victoria’s Secret Stores Brand Management Inc, and Victoria’s Secret Direct Brand Management’s (the Defendants) motion to dismiss Andra Group, LP’s (Andra’s) patent infringement suit for improper venue.

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Patent Infringement Branding Brands Branding 69

LexBlog IP

DECEMBER 20, 2023

Most drugs are covered by multiple patents, with initial patents directed broadly to the compound and later patents directed to increasingly narrower uses of the compound. It provides for competition but sometimes results in infringement due to off-label use of the generic drug – a delicate balance. Lupin et al. ,

Patent 52

Patent Litigation Marketing Marketing 52

Patent Trademark Blog

MAY 31, 2023

Perhaps you might want to send them a C&D letter to get them to respect your patents. Are Amazon sellers using a similar brand or product name? Would it make sense to send them a trademark infringement letter. Underneath the obvious intentions of stopping infringement, a C&D letter might serve further strategic purposes.

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SpicyIP

AUGUST 22, 2021

Writing this post in the context of PV Sindhu’s success at the Tokyo Olympics and how that has spurred companies who do not sponsor her to put up congratulatory messages on social media with their brand logos and while using her images, Satchit analyses the discourse on the right to publicity surrounding the issue. and held that Google Inc.

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Personality Rights Reporting Social Media Branding 119

Patent Trademark Blog

MARCH 31, 2022

If you don’t have at least two million dollars laying around to sue for patent infringement, this post is for you. You may be wondering why bother getting a patent if it’s too expensive to enforce it. You may be wondering why bother getting a patent if it’s too expensive to enforce it.

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Intellectual Property Cease and Desist Registering Trademarks Litigation 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 26, 2021

Fish attorney Kurt Glitzenstein spoke with The American Lawyer about Fish’s success on being the busiest patent litigation firm in the land. He discusses his goals and priorities as the Litigation Practice Group leader, where the firm is looking to expand in the next year, and more. I received my B.S.

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Litigation Technology Business Patent 40

Patently-O

MAY 6, 2022

Most of the Orange Book patents do not cover a novel active ingredient or new drug. When a drug is covered only by method-of-treatment claims, that means that generic sales of the active ingredients does constitute patent infringement, unless the sales are somehow inducing folks to perform the method. by Dennis Crouch.

Branding 62

Branding Brands Branding Patent Infringement 62

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2022

One of the most significant breakthroughs on this front was the Hatch-Waxman Act of 1984, which established a regulatory framework whereby generic versions of brand-name drugs could enter the market immediately upon the expiration of brand-name drugs’ patents. Patents covering the listed drugs, as well as their expiration dates.

Branding 52

Branding Brands Branding Marketing 52

Technology & Marketing Law Blog

OCTOBER 28, 2023

Among other provisions, it created a brand-new remedy, the ex parte seizure order, that allows trade secret owners to grab allegedly stolen trade secret items before they are spirited away from judicial process. The manufacturer patented the drug but keeps the “data, specifications, and methods for manufacturing the drug confidential.”

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Litigation Blogging Confidentiality Patent 80

Patently-O

DECEMBER 22, 2022

Although somewhat slow thus far, there is some potential that 2023 will turn out to be a major year for Supreme Court patent law jurisprudence. Eligibility : Similar to the enablement/WD cases, the eligibility petitions all come from patent holders who argue that their claims were wrongly invalidated. by Dennis Crouch. Sanofi , No.

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Patent Law Law Patent Invention 59

Patently-O

OCTOBER 4, 2021

Claim Preclusion (res judicata) prevents a party from re-litigating a claim once a court has issued a final judgment on that claim. Claim preclusion is powerful, in part, because it does not require the claim to be actually litigated (just be subject to the final judgment). See Lucky Brand Dungarees v. Eldred , 206 U.S.

Litigation 74

Litigation Patent Infringement Patent Settlement 74

Delaware Intellectual Property Litigation Blog

AUGUST 21, 2021

August 19, 2021), the Court set forth its findings of fact and conclusions of law on the asserted infringement claims and invalidity defenses with respect to U.S. Patent Nos. 8,008,309 (“the ‘309 patent”), 8,754,090 (“the ‘090 patent”), 9,655,857 (“the ‘857 patent”), and 9,725,455 (“the ‘455 patent”) following a seven-day bench trial.

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Law Patent Invention Copying 97

SpicyIP

AUGUST 21, 2023

Read on for his take on what this means for future trademark litigations. Aditya is an attorney at Ira Law and represents Google in trademark litigation relating to keyword advertising. International IP Developments The New York Times considers legal action against OpenAI over Copyright infringement.

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Copyright Infringement Trademark Copyright Advertising 98

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The company holds several patents and trademarks related to its products, including its flagship product, the EMSCULPT device. The patents in question include US10695576 , US10695575 , US11266852 , US10478634 and USD874009.

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False Advertising Contracts Advertising Advertising 52

The IPKat

JUNE 22, 2023

On the comparables and top-down cases the Judge observed that the royalties should not depend on the price of the device, which reflects many other features and the status of the brand. 2019) that the release term was in substance compensatory relief for TCL’s patent infringements when deciding worldwide FRAND terms.

Patent Infringement 87

Patent Infringement Licensing Patent Litigation 87

Patently-O

NOVEMBER 21, 2022

Litigation ensued. The company had waited too long to file for patent protection and so it turned to trademark. Rather, the defendant must “prominently display the Sunset brand name in a manner that leaves no reasonable confusion that what is being sold. is a Sunset brand filter.” District Court Opinion.

Designs 74

Designs Design Registration Trademark 74

SpicyIP

JANUARY 23, 2023

Highlights of the Week Examining Oppositions: Time for a Deeper Look Recently a monograph on patent oppositions was published by HNLU, Raipur and was presented to the DPIIT with suggestions on streamlining patent opposition process and enabling ease of doing business in India. Other Posts COVID-19 Vaccine Patent Infringement?

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Designs Design Invention Registration 105

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2023

IPR primarily include patents, copyrights, trademarks, trade secrets, and designs, each serving a specific purpose in protecting various forms of intellectual creations. Novel innovations are protected by patents, but software codes, designs, or artistic components are protected by copyrights.

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Intellectual Property Invention IP Technology 58

SpicyIP

SEPTEMBER 25, 2023

Highlight of the Week Comments on the Draft Patent (Amendment) Rules, 2023 Image by rawpixel.com on Freepix Comments pertaining to transparency and on substantive proposals within the draft Patent (Amendment) Rules, 2023, submitted to the Ministry of Commerce. What’s the best way forward? Roshan Santhalia shares his perspective.

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Cease and Desist Copyright Infringement Invention Social Media 105

IP Watchdog

JULY 29, 2021

Earlier today, the Senate Judiciary Committee held an Executive Business Meeting in which the Committee discussed and favorably reported four bills aimed at reducing prescription drug prices for consumers and curbing perceived abuses of the patent system by brand pharmaceutical companies. He said that nearly 40% of U.S.

Branding 122

Branding Brands Branding Reporting 122

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Newly promoted principals for 2022 are: Michael Ballanco focuses his practice on all aspects of patent infringement matters at the trial and appellate level. and foreign patent prosecution and counseling in the technology areas of bioinformatics, mobile communications, e-commerce, database, and data processing.

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Due Diligence Patent Prosecution Litigation Intellectual Property 59

IP Watchdog

MARCH 30, 2023

Court of Appeals for the Federal Circuit (CAFC) got it wrong, and that the decision could upend the careful balance contemplated by the Hatch-Waxman Amendments between incentivizing new brand name drugs and allowing cheaper generics into the market.

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Government Branding Brands Branding 115

LexBlog IP

MARCH 1, 2022

Patent Rights defined. Other patent search options to consider. A freedom to operate (FTO) study is usually performed on a finalized product design before its release in order to determine if the product, or any of its components, would infringe on any enforceable patents. Patent Rights. important;}.thegem-template-wrapper.wpb_wrapper.thegem-custom-621e9d93aaa3b116{flex-wrap:

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Intellectual Property Art Technology Patent Infringement 52