Generic

News & Analysis as of

That Yo-Yo is actually a Yo-Yo™ — Generic Trademarks

There is a recent magazine ad by Xerox Corporation showing consumer goods by picture only, and the products were instantly identifiable by their popular names: a thermos, an escalator, a trampoline, and a yo-yo. Xerox...more

U.S. Supreme Court Rules Abstract Idea Implemented on Generic Computer is Not Patent Eligible

Patent claims that merely require generic computer implementation do not transform a patent-ineligible abstract idea into a patent-eligible invention, the U.S. Supreme Court ruled in Alice Corp v. CLS Bank, decided on...more

Braintree Laboratories, Inc. v. Novel Laboratories, Inc. (Fed. Cir. 2014) - Whither the Meaning of "a" as a Claim Term

Every once in a while a Federal Circuit panel construes a common claim term contrary to how it has been construed in prior precedent, usually based on the particular situation or circumstance the Court is addressing and...more

Jumping Into The Actavis Briar Patch — Insight Into How Courts May Structure Reverse Payment Antitrust Proceedings And The...

In This Issue: - INTRODUCTION - WHAT ARE REVERSE PAYMENT SETTLEMENT AGREEMENTS? ..The Basic Framework of Hatch-Waxman Litigation ..The Federal Trade Commission’s View of Reverse Payment Settlements and Its...more

A Combination of References Need Only Provide a “Reasonable Expectation of Success”

Hoffmann La-Roche Inc. v. Apotex Inc. - Addressing the validity of a dosing regimen patent in Abbreviated New Drug Application (ANDA) litigation, the U.S. Court of Appeals for the Federal Circuit affirmed a lower...more

Court Report - May 2014

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Otsuka Pharmaceutical Co. v. Aurobindo Pharma Ltd. et al. 1:14-cv-03306; filed May 23, 2014 in the District Court of New...more

Skee The People: Bar games, brewskies, and trademark disputes

In addition of course to good beer and good friends, a good bar for me is defined by a good game: photo hunt (the NSFW version) and foosball at Murphy’s, bar olympics at Steny’s (where I dominated at the tricycle races),...more

Trademark Review - The Miners, Boi Na Braza and Pretzel Crisps (April 2014)

Battle of the Miners - The University of Texas at El Paso (“UTEP”) has used the nickname MINERS since at least 1914. UTEP, through its governing board, owns several registrations for the mark MINERS and a logo for...more

Pretzel Crisps Genericness Decision Appealed

A couple of months ago you will recall that the USPTO’s Trademark Trial and Appeal Board (TTAB) held ”Pretzel Crisps” generic for pretzel crackers... ...It appears the TTAB’s decision will not be the final word on the...more

Ola Crapola!

Crapola sounds like something worth saying on the way to Chicago, after discovering the size of your PowerPoint file is too large to get through the recipient’s firewall, and then realizing the USB flash drive containing your...more

AstraZeneca AB v. Hanmi USA, Inc. (Fed. Cir. 2013)

A classic example of product "evergreening" is how AstraZeneca used its experience with its omeprazole franchise (sold for over a decade as Prilosec®) to promote an alternative form of the drug, Nexium® (particularly, the...more

Give It Back! Disgorgement – Another FTC Arrow against Reverse-Payment Settlements that Delay Generic Entry

If the uncertainty that the Supreme Court’s Actavis decision injected into the world of reverse-payment settlement litigation wasn’t enough to get your attention, then the FTC’s recent effort to obtain disgorgement from...more

Goodbye to Generic Preemption? FDA Publishes Proposed Rule

Today, the U.S. Food and Drug Administration (FDA) published a long-awaited proposed rule in the Federal Register in an effort to “create parity” between brand-name and generic manufacturers for their labeling obligations. 78...more

Trademark Review - Stacked Wine, SUPERJAWS and Subway (October 2013)

The Downfall of a “Stacked” Wine - Stacked Wines, LLC makes individually-packaged glasses of wine that vertically stack to form one full bottle of wine. Stacked Wines sought to register the mark STACKED in the...more

Not All Trademarks Are Created Equal

When it comes time to choose a name for the new product or service you are launching, it is important to know that not all trademarks are created equal. In addition to the marketing considerations of choosing a brand name,...more

A Picture is Worth a Thousand Words

We continue to anxiously await the Trademark Trial and Appeal Board’s decision in Frito-Lay North America, Inc. v. Princeton Vanguard, LLC, especially given the Board’s recent genericness ruling in Sheetz of Delaware, Inc. v....more

Millions of False TM Notices to Remove?

A hot dog is a type of sandwich, and “footlong” denotes a type, category, or class of sandwiches (those measuring about a foot in length), making ”footlong” a generic term and part of the public domain – incapable of serving...more

SEC Issues Guidance on Conflict Minerals Rule

On May 30, 2013, the staff of the US Securities and Exchange Commission (the “Staff”) Division of Corporation Finance issued guidance in the form of frequently asked questions (“FAQs”) regarding the SEC’s rules requiring...more

Anatomy of a Trademark Warning Ad

For those attending the HOW Design Live Conference in San Fransisco, you may have noticed the inside cover of HOW’s Special Issue on Interactive Design and Typography, most likely penned by a nervous trademark type...more

Corporate Communicator - Summer 2013

In this issue of the Corporate Communicator, we are providing a short update concerning two recent reporting and governance matters affecting public companies. The first item is developments relating to a proposal by the...more

Supreme Court Chooses Middle Ground in Assessing Reverse Payment Settlements

The U.S. Supreme Court issued its much-anticipated opinion today in FTC v. Actavis, Inc., ruling that so-called “reverse payment” patent settlements between innovator and generic pharmaceutical manufacturers that are...more

Trademark Series: Protecting your mark from becoming generic [Video]

Joe Villapol and Ralph Cathcart, partners at Ladas & Parry LLP, discuss strategies to prevent your mark from becoming generic....more

SEC Issues FAQs on Conflict Minerals and Resource Extraction

On May 30, 2013 the SEC released 12 FAQs relating to disclosure regarding the use of conflict minerals, and nine FAQs relating to disclosure of payments by resource extraction issuers. Disclosure of the use of conflict...more

Public Company Adviser - June 2013: SEC Provides FAQs on Conflict Minerals Rules

On May 30, 2013, the Securities and Exchange Commission’s Division of Corporation Finance released twelve Frequently Asked Questions in an effort to provide issuers with guidance on various aspects of Exchange Act Section 1...more

SEC Answers Frequently Asked Questions About Conflict Minerals Disclosure — Finally

The Securities and Exchange Commission’s (the Commission or SEC) Division of Corporation Finance provided answers to questions regarding the Commission’s rules adopted in response to the Dodd-Frank Wall Street Reform and...more

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