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By Ben Natter, Jessica L. Sblendorio
Most commentators would likely conclude that tattoos are eligible for copyright protection under the Copyright Act.
By Amanda Hamilton
Amanda Hamilton recently had her article "What Can the FTC Do about Orphan Drug Prices?" published in the Antitrust Health Care Chronicle for August 2017.
By Ben Natter, Joseph Saphia, Alexander Callo
There are five bases for filing an application for a registration of a trademark in the U.S.: (1) use of a mark in commerce under Section 1(a) of the Lanham Act;
By Robert Colletti, Jessica L. Sblendorio
On June 12, 2017, the United States Supreme Court granted a petition for a writ of certiorari in Oil States Energy Services LLC v. Greene's Energy Group, LLC. 639 Fed. App'x 639 (Fed. Cir 2016)...
By Ben Natter, Alexander Callo
An always popular route for brand owners applying for U.S. trademark protection is filing based upon a bona fide intention to use a mark in commerce.
By Ben Natter, Jessica L. Sblendorio
Ben Natter and Jessica Sblendorio recently had their article regarding the United States Patent and Trademark Office's ("USPTO") response to Matal v. Tam published on IPwatchdog.com.
By Alexander Callo, Richard Kurz
In an August 10, 2017 opinion, AIA America, Inc. v. Avid Radiopharmaceuticals, a Federal Circuit panel held that 35 U.S.C. § 285 does not establish a right to a jury trial when attorney's fees are requested.
By Alexander Callo
In a precedential opinion published on August 10, 2017, the Federal Circuit upheld a TTAB decision that denied registration of the "FIRST TUESDAY" mark due to its merely descriptive nature...
By Richard Kurz, Jessica L. Sblendorio
The order dismissed one of the patent-in-suit's owners—the Regents of the University of Minnesota—but denied the motion to dismiss as to the patent's co-owner Toyota Motor Corp.
By Richard Parke, Ben Natter, Jessica L. Sblendorio
This article analyzes a trend in the entertainment field where a party wishing to use another's intellectual property in a creative work will do so without first seeking a license or express consent...
By Richard Kurz, Alexander Callo
In a July 17, 2017, precedential opinion, Millennium Pharmaceuticals, Inc. v. Sandoz Inc., the U.S. Court of Appeals for the Federal Circuit reversed and remanded an invalidity decision by the Delaware District Court.
By Joseph Saphia, Ben Natter
The Supreme Court on June 19, 2017 unanimously ruled that the United States Patent and Trademark Office's (USPTO) denial of a service mark application for the term "The Slants" on the basis...
By Richard Kurz, Alexander Callo
On June 12, 2017, the U.S. Court of Appeals for the Federal Circuit reversed a finding of indefiniteness that invalidated two patents claiming wireless audio systems in One-E-Way, Inc. v. ITC.
By Richard Kurz, Jessica L. Sblendorio
On June 12, 2017, in a unanimous decision, the Supreme Court of the United States decided Sandoz Inc. v. Amgen Inc., which concerned certain disclosure and notice requirements imposed by the of BPCIA 2009...
By Andrew Wasson, Daniel Worley
The Supreme Court yesterday issued its first opinion interpreting the BPCIA, the statute which created a pathway for the approval of abbreviated applications to market biological products.