Patently-O

JANUARY 17, 2022

Deepsouth litigated its case to the Supreme Court, and the Court eventually allowed the company to escape some portion of its adjudged liability based upon the territorial limits of U.S. No such signal legitimizes respondent’s position in this litigation.”. patent law. Deepsouth at 531.

Patent 122

Patent Invention Litigation Patent Law 122

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 5, 2022

Several aspects of post-grant review are designed to allow the proceedings to conclude quickly. Counterclaims and post-grant review are deemed independent, leaving the third party free to pursue concurrent invalidity counterclaims and district court litigation regardless of timing. Practice Guide for Final Trial Rules.

Litigation 52

Litigation Settlement Patent Public Use 52

43(B)log

NOVEMBER 19, 2021

Neurelis received orphan drug designation from the FDA for its Valtoco for management of ARS in 2015. It then received fast strack designation, which allowed it priority review, and filed an NDA for Valtoco in 2018; this was pending at the time of the operative complaint. Superior Court (2000) 78 Cal.App.4th

Designs 56

Designs Design Patent Prosecution Art 56

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

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.

Litigation 52

Litigation Settlement Marketing Marketing 52

43(B)log

FEBRUARY 19, 2022

If a church adopted a distinctive name for G-d, then general trademark law would, in theory, allow it to prohibit other churches from using that name. theory of selection effects makes sense—which cases make it to litigation affect the words the court uses, not just the outcomes. Seems more Lanham Act like.

Trademark Law 72

Trademark Law Trademark Art Branding 72

IPilogue

FEBRUARY 8, 2022

An unregistered trademark can be identified using the symbol. This is optional but it puts the public on notice that you are intending that word, phrase, or design to function as a trademark. In contrast, a registered trademark is much easier to enforce (albeit all litigation is costly).

Trademark 106

Trademark Registration Registering Trademarks Branding 106

LexBlog IP

JANUARY 10, 2024

It is strange because that would mean that the unpublished portions would also be government works available for public use. ” Trump Responding Brief at 5. Still, it seems strange that Woodward, a reporter, would argue that the interviews are somehow government works.

Ownership 52

Ownership Copyright Government Intellectual Property 52