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Densify Can't Reinstate $236M IP Win Before New Patent Trial

IP Law 360

Several people suing Becton Dickinson and Co. over ethylene oxide emissions from a medical equipment sterilization facility in Georgia will be allowed to dismiss district court claims to instead pursue state court claims, in a move the company described as blatant gamesmanship and forum shopping.

IP 40
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TTAB Orders Cancellation of Registration for Configuration of Glass-Breaking Device on the Ground of Section 2(e)(5) Functionality

The TTABlog

See Kohler Co. TrafFix , 58 USPQ2d at 1006-07; In re Becton, Dickinson , 102 USPQ2d at 1378; Valu Eng’g , 61 USPQ2d at 1427. The packaging and online advertising of Respondent’s company for the Resqme product incorporating the design shown in the ’245 Registration touts the utilitarian advantages of the design.