Latest Publications

Share:

Federal Circuit Finds Against Generics Where Hatch-Waxman's Full Five-Year Extension Fixes Delay For Pharmaceutical FDA-Review  

Merck Sharp & Dohm B.V. v. Aurobindo Pharma USA, Inc. et al (Fed. Cir. March 13, 2025) - The Hatch-Waxman Act seeks to strike a balance in the pharmaceutical industry by incentivizing drugs makers to develop innovative...more

Hips Don’t Lie (About Their Allegedly Optimal Color). 

CeramTec v. Coorstek Bioceramics, Case No. 2023-1502 (Fed. Cir. Jan. 3, 2025) - Colors are generally permitted as source identifiers for trademarks or trade dress because they are typically perceived as an ornamental...more

District Court Injects Six Errors into Four-Factor Preliminary Injunction Test 

Insulet Corp. v. EOFlow, Co. Ltd., 2024-1137 (Fed. Cir. June 17, 2024) - The Court of Appeals for the Federal Circuit (“CAFC”) recently reversed the U.S. District Court for the District of Massachusetts (“District...more

L’Oreal Gets Trade Secrets Case Out of its Hair When Judge Chops Case for Litigation Misconduct

Metricolor LLC v. L’Oreal USA, Inc., 18-cv-00364 (C.D. Cal. March 29, 2024) - This week, the United States District Court for the Central District of California (the “Court”) granted L’Oreal’s motion for terminating...more

Allegedly Infringing Product Continues to be on Clinical Trial RaDaRs 

Rs Natera, Inc. v. NeoGenomics Laboratories, Inc., 23-cv-00629 (M.D.N.C. 2023) - How should courts resolve patent infringement disputes where patients rely on allegedly infringing treatments? The U.S. District Court for...more

“[It’s All Good, Man],” Says S.D.N.Y. to AMC  

This week, the U.S. District Court for the Southern District of New York dismissed Liberty Tax Services’ suit alleging trademark and trade dress infringement, trademark dilution, and defamation against AMC for AMC’s use of...more

WallStreetBets Gets Owned . . . By Reddit

Who owns the trademark to a subreddit name? This week, the United States District Court for the Northern District of California (the “Court”) considered the issue in an opinion dismissing each of Plaintiff Jaime Rogozinski’s...more

Federal Circuit Cooks District Court’s Decision to Add Bacon-Prep Inventor

This week, the Federal Circuit reversed the United States District Court for the District of Delaware’s (“District Court”) decision to add David Howard as a joint inventor on Hormel Food Corporation’s (“Hormel”) U.S. Patent...more

American Purchasers Poke Holes in Swiss Cheese Certification: Interprofession du Gruyere v. US Dairy Exp. Council, No. 22–1041...

This week, the Fourth Circuit affirmed the United States Trademark Trial and Appeal Board’s (“TTAB”) and subsequent Eastern District of Virginia’s (“District Court”) summary judgment finding that “GRUYERE” could not be...more

9 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide