Yesterday, the Federal Circuit provided much-anticipated guidance on the scope of the America Invents Act’s “on-sale” bar provision. Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., et al., Nos. 2016-1284, 2016-1787...more
5/3/2017
/ Abbreviated New Drug Application (ANDA) ,
America Invents Act ,
Generic Drugs ,
Hatch-Waxman ,
Intellectual Property Protection ,
On-Sale Bar ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Prescription Drugs ,
Teva Pharmaceuticals
Since the Supreme Court's decision two years ago in Alice v. CLS Bank, courts and the U.S. Patent and Trademark Office have found a large percentage of software and computer-related inventions to claim abstract ideas and not...more
9/21/2016
/ Abstract Ideas ,
Animation ,
CLS Bank v Alice Corp ,
Computer-Related Inventions ,
Enfish v Microsoft ,
Intellectual Property Protection ,
Mayo v. Prometheus ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101 ,
Software Patents ,
Video Games
The Federal Circuit’s recent decision in Amgen Inc. v. Apotex Inc., No. 16-1308, provides new guidance on the timeline of biosimilar approval and the impact to commercial marketing.
The ruling weighed in on a key...more
7/11/2016
/ Amgen ,
Apotex ,
Biosimilars ,
BPCIA ,
Generic Drugs ,
Patent Dance ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Popular ,
Preliminary Injunctions
In a relatively rare “pro-patent” decision, the U.S. Supreme Court earlier this week unanimously overruled the Federal Circuit’s so-called Seagate standard for finding willful patent infringement and awarding enhanced...more
6/20/2016
/ 35 U.S.C. § 284 ,
Enhanced Damages ,
Halo v Pulse ,
Octane Fitness v. ICON ,
Patent Infringement ,
Patent Litigation ,
Patents ,
SCOTUS ,
Seagate ,
Standard of Review ,
Stryker v Zimmer ,
Willful Infringement
Earlier this month the Food and Drug Administration ("FDA") published three industry guidances for the Biologics Price Competition and Innovation Act of 2009 ("BPCIA")....more
On April 13, 2015, the Inspector General (IG) of the Department of Health and Human Services announced in a letter to Senator Bernard Sanders (I. VT), that it would investigate recent price hikes for generic drugs. Generic...more
The recent top-level domain name explosion has been of great interest to existing brand owners and new market entrants alike. No longer is a business limited to deciding which of a few top-level domains, such as .com, .net,...more
Since the 1961 embargo of Cuba, it has been seen as a waste of time and money for American businesses to file for Cuban trademark protection, but that is changing. In December President Obama announced the reestablishment of...more
In a historic 3-2 vote on Thursday, February 26th, the Federal Communications Commission (FCC) voted to approve net neutrality rules aimed at governing Internet traffic. The FCC's decision would expand government oversight...more
3/6/2015
Trademark rights arise out of use in commerce, and can provide protection for your name, brand, and reputation in the community provided, that the marks are continuously used in connection with your goods or services. While...more
As more organizations deploy mobile apps to facilitate their business processes, it is important that those organizations develop a specific app vetting process in order to mitigate the security risks that such apps can...more
Famous country-music-turned-pop-star Taylor Swift made headlines recently when she filed a slew of trademark applications with the United States Patent and Trademark Office for various lyrics from her latest album, entitled...more
In the first-ever ruling in an appeal of an American Invents Act review decision, the Federal Circuit Court of Appeals affirmed last week that a speed limit indicator patent is invalid. As an initial issue in the decision on...more
After the Alice decision last summer by the Supreme Court, a large number of business method and software patents have been invalidated or found unpatentable by federal courts and the Patent Office as being drawn to abstract...more
Yesterday, in a unanimous opinion authored by Justice Sotomayor, the U.S. Supreme Court in Hana Financial., Inc. v. Hana Bank et al. decided that trademark tacking is a question of fact to be decided by juries, and that the...more
On November 13, 2013, the Congressional Research Service ("CRS") issued a report to Congress entitled "Internet Governance and the Domain Name System: Issues for Congress." The focus of the report is the United States'...more
In This Issue:
- Summary
- Case Analysis
- Implications
..Prokaryotic Nucleic Acid Sequences
..Short Segments of Eukaryotic DNA
..Promoters/Regulatory regions
..Isolated Proteins
...more