topics daubert-hearing 
43(B)log
FEBRUARY 17, 2022
Elysium’s survey/expert was not excluded on Daubert grounds, but the court rejected Elysium’s challenges to ChromaDex’s statements “that do no more than convey the FDA status of ChromaDex’s products,” so the survey was no longer relevant. The expert concluded that 23.3%
Fish & Richardson Trademark & Copyright Thoughts
JANUARY 11, 2022
The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., The court entered the order of dismissal on September 8, 2021.
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