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"smoked Gouda" plausibly communicates production method, not just flavor

43(B)log

The FDA allegedly recently warned companies regarding product labeling and smoked ingredients. Kroger sort of argued preemption, but really that the FDCA doesn’t provide a private right of action. 3d -, 2022 WL 4776319 (E.D. How did that apply to “Smoked Gouda”?

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DECEMBER 2022 RETAIL PATENT LITIGATION REPORT

LexBlog IP

Isotoner and Totes Isotoner Corporation Ashley Furniture Industries, LLC Abercrombie & Fitch Co. d/b/a Hollister Co. Hilton Domestic Operating Company Inc. Judge: District Judge Karen Gren Scholer Claims: Infringement Defendant: Hilton Domestic Operating Company Inc. NPE activity was above the norm for year-end.*

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JUNE 2022 RETAIL PATENT LITIGATION REPORT

LexBlog IP

The Coca-Cola Company. Fuho Technology Co., EverFocus Co., Hi Sharp Electronics Co., The TJX Companies, Inc. Frequent filers included Advanced Transactions, Buffalo Patents, Cedar Lane Technologies, Locket IP, Lexos Media, M4siz, RFCyber, and Savannah Licensing. Adaptive Avenue Associates, Inc. Overstock.com, Inc.

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More COOL stories: USDA shield not plausibly misleading of origin, but "Product of USA" might be

43(B)log

Although Kroger claimed that it was no longer using “ ‘Produced in the USA’ language in connection with any beef advertisements,” the court pointed out that it saw promotional stickers saying that in the store, and thus “understood” Kroger’s statement to mean only that the logos were no longer in mailings or other out-of-store ads.

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Biosimilars 2020 Year in Review

Fish & Richardson Trademark & Copyright Thoughts

Introduction. The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings.

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Biosimilars 2021 Year in Review

Fish & Richardson Trademark & Copyright Thoughts

Several other companies have also announced plans to pursue interchangeable status for biosimilar products. Introduction. 2021 saw several important milestones in the biosimilars space, including the much anticipated first interchangeable designations by FDA and the approval of the first ophthalmology biosimilar. Antitrust and Competition.