Robert Baron, Jr.

Robert Baron, Jr.

Ballard Spahr LLP

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Latest Publications


Pharmaceutical Companies Get Off-Label Marketing Victory

Last week, a federal judge ruled that the Food and Drug Administration (FDA) cannot prohibit a pharmaceutical company from marketing its drugs for off-label uses if its claims are truthful and not misleading. This ruling,...more

8/12/2015 - Amarin Compliance FDA FDCA First Amendment Misbranding Off-Label Promotion Off-Label Use Pharmaceutical Industry

Supreme Court Upholds Ban on Royalties after Licensed Patent Expires

In a 6-3 decision in Kimble v. Marvel, the U.S. Supreme Court refused to overturn the long-standing rule that bars a licensor from being able to collect royalties for sales after the expiration of the licensed patent—even if...more

6/24/2015 - Contract Term IP License Kimble v Marvel Enterprises Patent Royalties Patents SCOTUS Stare Decisis

Federal Circuit Sides with USPTO in First Review of AIA Final Decision

For the first time, the U.S. Court of Appeals for the Federal Circuit recently ruled on a final decision of the Patent Trial and Appeal Board (PTAB) in an inter partes review proceeding, or IPR. In a 2-1 decision, the Federal...more


U.S. Supreme Court Delivers Important Ruling in Teva v. Sandoz Case

The U.S. Supreme Court recently held that the U.S. Court of Appeals for the Federal Circuit, which has nationwide jurisdiction for patent cases, must give deference to a district court’s factual findings in claim construction...more

1/22/2015 - Claim Construction Clear Error Standard De Novo Standard of Review Federal Rules of Civil Procedure Patent Litigation Patents Pharmaceutical Industry Pharmaceutical Patents SCOTUS Teva v Sandoz

Federal Court Ruling in Pa. Narrows Computer Fraud and Abuse Act

A Pennsylvania federal magistrate judge has tossed an employer’s claims under the Computer Fraud and Abuse Act (CFAA), holding that the CFAA does not extend to punish employees for the misuse of information that was accessed...more

3/26/2014 - CFAA Data Protection Fraud

Third Circuit Clarifies Time Limits for Joint Authorship Copyright Claims, and Bars District Courts from Canceling Copyright...

The U.S. Court of Appeals for the Third Circuit has announced several bright-line rules relating to copyright law in the important field of joint authorship. The first rule is that the statute of limitations for joint...more

2/3/2014 - Copyright Copyright Infringement Repudiation

USPTO Clarifies Standard for Review of Financial Services Patents

The U.S. Patent and Trademark Office (USPTO) may have given banks, financial institutions, and retailers more access to a powerful new tool to fight weak patents. A recent Patent Trial and Appeals Board (PTAB) decision...more

11/6/2013 - Patent Trial and Appeal Board Patents Standard of Review USPTO

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