Edited by Catherine Holland What is a Utility Patent? Utility patents cover a new and useful process, machine, manufacture, or composition of matter. Design patents are much more common in the fashion industry since design...more
On July 13, 2017, the U.S. Food and Drug Administration approved Tremfya (guselkumab), a biologic manufactured by Janssen Biotech, for the treatment of moderate-to-severe plaque psoriasis patients who are candidates for...more
On May 24, 2017, the Food and Drug Administration (FDA) approved the final label for Syndros™ (dronabinol) oral solution, a Schedule II (CII) controlled substance. Syndros™ was initially approved by the FDA on July 5, 2016...more
Does the use of Google AdWords amount to the advertising, promoting, marketing, or offering for sale of goods covered by a registered trademark? Tipsy Elves, LLC. vs. Ugly Christmas Sweater, Inc. is the latest in a string of...more
6/8/2017
/ AdWords ,
Consumer Confusion ,
Deceptive Intent ,
False Advertising ,
Fashion Industry ,
Google ,
Keyword Advertising ,
Lanham Act ,
Trademark Infringement ,
Trademarks ,
Young Lawyers
Buscemi, LLC (“Buscemi”) filed for a design patent on June 2, 2016. In March 2017, while the patent application was pending, Buscemi alleges that it became aware that Styleline Studios International and JSL Studio...more
On March 24, 2017, the U.S. Court of Appeals for the Ninth Circuit ruled that the term “red gold” may not be a generic term for jewelry and watches, and thus, may serve as a trademark. Specifically, the Ninth Circuit found...more
4/12/2017
/ Appeals ,
Declaration ,
Evidence ,
Fashion Branding ,
Fashion Industry ,
Generic ,
Jury Trial ,
Louis Vuitton ,
Remand ,
Trade Associations ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
Triable Issue of Fact
“Orphan drug” is a designation given to certain pharmaceutical and biological products (drugs) that would likely not be developed due to a relatively small patient population and limited potential for profitability. In the...more
It is well known among patent attorneys that design patents are an under-utilized form of protection in the fashion and beauty industry...
..Design patents should always be considered for timeless and iconic pieces or...more
In 2011, Apple sued Samsung alleging among other things that various portions of Samsung smartphone products infringed claims of certain design patents owned by Apple (Apple Inc. v. Samsung Electronics Co., Ltd.). In 2012,...more
2/11/2017
/ Appeals ,
Apple v Samsung ,
Article of Manufacture ,
Calculation of Damages ,
Cell Phones ,
Component Parts Doctrine ,
Damages ,
Design Patent ,
Fashion Industry ,
Patent Infringement ,
Patents ,
SCOTUS ,
Smartphones
Every year, the FDA’s Center for Drug Evaluation and Research (CDER) approves new medications. Some medications are variations of existing products, such as generic formulations or new dosage forms of previously-approved...more
On January 5, 2017, Skechers U.S.A., Inc. filed a petition with the Patent Trial and Appeal Board to institute an Inter Partes Review (IPR2017-00607) (“current IPR petition”) of two design patents owned by Nike, Inc.:...more
On November 7, 2016, the U.S. Supreme Court declined to review an appeal from a Third Circuit decision finding that a settlement between GlaxoSmithKline (GSK) and Teva Pharmaceutical Industries Ltd. (Teva) involving the...more
11/15/2016
/ Anti-Competitive ,
Antitrust Violations ,
Appeals ,
Denial of Certiorari ,
FTC v Actavis ,
Generic Drugs ,
GlaxoSmithKline ,
No-AG Agreement ,
Pay-For-Delay ,
Popular ,
Product Exclusivity ,
Reverse Payment Settlement Agreements ,
Rule-of-Reason Analysis ,
SCOTUS ,
Solicitor General ,
Teva Pharmaceuticals
On September 15, 2016, the U.S. Food and Drug Administration approved once-daily YOSPRALA™, a tablet that combines the anti-platelet agent, aspirin, with the anti-acid drug, omeprazole for decreasing the risk of...more