Sterne, Kessler, Goldstein & Fox P.L.L.C.

Section 337’s Potential for Defending Biologics Market Share Against Biosimilars

Enforcement of biologic patents at the United States International Trade Commission under Section 337 provides certainty and tactical advantages to patent holders that are unavailable in district court under the BPCIA. For…more
| Administrative Law, Civil Procedure, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Generic Top Level Domains - Current Sunrise Periods Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our…more
| Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Single Color Mark — Functionality Does Not Necessarily Preclude Protectability

The Ninth Circuit’s recent decision in Moldex-Metric, Inc. v. McKeon Products, Inc. clarifies that even when a single color trade dress has a function, and even when the color is marketed as such, this fact alone does not…more
| Civil Procedure, Intellectual Property

Global Trademark Protection — 5 Practical Considerations

When Tim Berners-Lee developed the World Wide Web in 1990 as a tool to share information among specialized researchers, he likely did not anticipate the degree to which his invention would radically change — in just a few…more
| Civil Procedure, Communications & Media Law, Intellectual Property, International Law & Trade

MarkIt to Market | March 2015

The March issue of Sterne Kessler's MarkIt to MarketTM newsletter provides 5 considerations for prioritizing your global trademark protection, identifies takeaways from a recent trade dress decision, and provides an updated list…more
| Civil Procedure, Communications & Media Law, Intellectual Property

Strike Two – FDA Rejects Amgen’s Certification Petition for Biosimilar Applicants

In parallel with the district court case where Amgen is asserting that Sandoz has not complied with the BPCIA because they have not provided Amgen with a copy of their biosimilar application, in October 2014 Amgen filed a…more
| Administrative Law, Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

One More Hurdle Cleared – Amgen’s Preliminary Injunction Motion for Filgrastim is Denied

On March 19, 2015, Judge Seeborg of the United States District Court for the Northern District of California denied Amgen Inc.’s motion for a preliminary injunction in the Amgen v. Sandoz case, thereby removing one more hurdle…more
| Administrative Law, Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Global Initiatives to Accelerate Examination of Cleantech Patent Applications

In an effort to promote the development and commercialization of technologies that conserve natural resources or reduce negative environmental impact, patent offices around the world have adopted programs to expedite the…more
| Environmental Law, Intellectual Property, International Law & Trade, Science, Computers, & Technology

FDA Approves First US Biosimilar but Court Action Could Delay Market Entry

On March 6, 2015, the U.S. FDA announced that it had approved Zarxio, making Sandoz the first company ever to obtain approval of a biosimilar product in the U.S. The FDA deemed Zarxio to be biosimilar to Amgen’s Neupogen…more
| Civil Remedies, Commercial Law & Contracts, Health, Intellectual Property, Science, Computers, & Technology

Generic Top Level Domains - Current Sunrise Periods Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our…more
| Communications & Media Law, Intellectual Property

New Tool to Fight Counterfeiting – Customs Recordation Now Available in Canada

Many U.S. brand owners already work with U.S. Customs and Border Protection (CBP), a division of the U.S. Department of Homeland Security, to keep counterfeit products out of the U.S. CBP examines cargo at more than 300 ports of…more
| Intellectual Property, International Law & Trade

Top 5 Takeaways for Trademark Owners from the Supreme Court's Hana Financial, Inc. v. Hana Bank Tacking Decision

Many commentators have weighed-in on the Supreme Court's recent Hana Financial decision, which involved two competing HANA-formative marks for financial services, including one that had been modified over the years to couple…more
| Civil Procedure, Communications & Media Law, Intellectual Property

MarkIt to Market - February 2015

The February issue of Sterne Kessler's MarkIt to MarketTM newsletter provides takeaways from the Supreme Court's Hana Financial decision, identifies a new anti-counterfeiting tool for owners of Canadian trademarks and…more
| Civil Procedure, Communications & Media Law, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Design Patent Case Digest: Kedem, LLC v. Team International Group of America, Inc.

Decision Date: January 30, 2015 - Court: Southern District of Florida - Patents: D686,869; D694,057 - Holding: Defendant’s motion for summary judgment DENIED - Opinion: Kedem, LLC owns U.S. Design…more
| Civil Procedure, Communications & Media Law, Intellectual Property

Generic Top Level Domains - Current Sunrise Periods Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods…more
| Communications & Media Law, Intellectual Property, Science, Computers, & Technology
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