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

Post-Grant Proceedings: The Top Seven Things You Should Know About the Proposed Rule Changes

On August 20th, the U.S. Patent and Trademark Office published proposed rules that would amend the consolidated set of rules currently governing Inter Partes Reviews, Post-Grant Reviews, Covered Business Method Reviews, and…more
| Civil Procedure, Intellectual Property

Amgen v. Apotex – what is the outcome when biosimilar applicants actually dance?

On August 6, 2015, Amgen sued Apotex in the US District Court for the Southern District of Florida for patent infringement related to Apotex’s pegfilgrastim product, which is purported to be biosimilar to Neulasta®. What is…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Federal Circuit overturns panel decision and upholds Commission in Suprema, Inc. v. International Trade Commission rehearing en banc

En banc Court reverses panel decision 6-4 and upholds U.S. International Trade Commission determination that it has broad authority to address acts of induced infringement based upon post-importation conduct. Procedural…more
| Antitrust & Trade Regulation, Civil Procedure, Intellectual Property, International Law & Trade

gTLD Sunrise Periods Now 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 contact us or…more
| Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Why it Pays to Make Nice with Marketing

You may have read here before about the U.S. Patent and Trademark Office's (USPTO) increased focus on removing "deadwood" – registrations that remain in force, but cover marks that are not actually in use for all of the covered…more
| Communications & Media Law, Intellectual Property

Two Prong Protection is the Best Approach for Product Configuration

It has long been possible to use both trade dress and design patent rights to protect three-dimensional designs that function as trademarks. One strategy has been to rely on design patent protection while a three-dimensional…more
| Intellectual Property, Science, Computers, & Technology

MarkIt to MarketTM - July 2015

The July issue of Sterne Kessler's MarkIt to MarketTM newsletter explains why two pronged protection is the best approach for product configuration, discusses the importance of coordination between legal and marketing…more
| Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Kaneka v. Xiamen Kingdomway Group: Implicit Order Read into Method Steps of Industrial Biotechnology Patent

The Federal Circuit’s recent decision in Kaneka Corp. v. Xiamen Kingdomway Group Co. (Fed. Cir. 2015) serves as a reminder that courts may implicitly read an order into a patent’s method claim steps, even if the applicant did…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Design Patent Case Digest: Simmons Bedding Company v. Sealy Technology LLC

Decision Date: March 31, 2015 - Court: U.S. Patent Trial and Appeal Board - Patents: D622,531 - Holding: Examiner’s decision in reexamination proceeding not to adopt Requester’s obviousness rejections REVERSED…more
| Civil Procedure, Intellectual Property

gTLD Sunrise Periods Now 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 contact us or…more
| Communications & Media Law, Intellectual Property, Science, Computers, & Technology

The Medicines Company v. Hospira - Preparation of validation batches by a contract manufacturer for FDA submission creates an on-scale bar

On July 2, 2015, the Court of Appeals for the Federal Circuit held that a patent owner’s use of a contract manufacturer (CMO) to prepare validation batches of a drug formulation for submission to FDA created an invalidating…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Federal Circuit Finds CBM Eligibility Reviewable on Appeal

The Federal Circuit yesterday issued a precedential opinion in Versata Development Group v. SAP America, Inc., Appeal No. 2014-1194 (Fed. Cir. Jul. 9, 2015), finding the claims invalid under 35 U.S.C. § 101. In addition to the…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

New International Searching Authority Available for Green Technology Companies

Effective July 1, 2015, green technology companies can now choose the Japan Patent Office (JPO) as an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) for international…more
| Intellectual Property, International Law & Trade, Science, Computers, & Technology

Upcoming Changes in Canadian Trademark Law

Canada has amended its Trademark Law, and although the amended Law's effective date is not yet known, brand owners can expect three significant changes to Canadian trademark law practice. First, to U.S. brand owners and…more
| Communications & Media Law, Intellectual Property, International Law & Trade

Hashtag Trademarks: #ItsAllAboutTheUse

Brand owners have embraced hashtags (words or phrases preceded by a hash or pound sign - #) as a way to both engage consumers and track social media posts regarding a specific product or topic. Not surprisingly, the increased…more
| Communications & Media Law, Intellectual Property
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