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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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By Morgan Smith, Margaret Esquenet, Naresh Kilaru
In International Leisure Products Inc. v. Funboy LLC (No. 17-3982, 2d Cir. Sept. 6, 2018), the Second Circuit affirmed the dismissal—with prejudice—of a trade dress action that had been brought...
By Michael Flibbert, Megan Leinen
If you read part one of this series, you appreciate that it is imperative that all individuals involved in drug development — including scientific, regulatory, marketing, and financial personnel...
By David Seastrunk, Daniel Klodowski, Elliot C. Cook, Jason Stach
Through September 15, 2018, the Federal Circuit decided 418 PTAB appeals from IPRs and CBMs.
By Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
With the USPTO's move from PKI certificates to two-factor authentication using accounts
By Daniel Tucker
This past May, Intellectual Ventures told a Texas jurythat FedEx1 should pay nearly $100 million for infringing four patents that it alleged covered "the technology that FedEx uses to deliver . . . packages securely and safely on time."
By James M. Eaton, Paula E. Miller, Shana Cyr
When the first antibody-drug conjugate (ADC) was approved by the U.S. Food and Drug Administration (FDA) in 2000, only a handful of patent applications claiming ADCs had been published.
By Jonathan Uffelman, Margaret Esquenet, Naresh Kilaru
In a non-precedential opinion, the TTAB recently affirmed the Examining Attorney's refusal to register Midwestern Pet Foods, Inc.'s EARTHBORN REBORN mark, for "pet food," for failing to provide an acceptable specimen.
By Timothy McAnulty, Jeffrey Totten, Nathan I. North
In the United States, patent owners can seek several different types of remedies when considering a patent infringement litigation.
By Jeffrey Smyth, Morgan Smith
With the recent explosion of the craft beer industry, competition is fiercer than ever. In 2017, there were nearly 1,000 new brewery openings nationwide.
By Adriana Burgy
Starting in 1997, NAI filed a series of patent applications.
By Ryan McDonnell
In Natural Alternatives International, Inc. v. Iancu., No. 2017-1962 (Fed. Cir. Oct. 1, 2018), the CAFC affirmed the PTAB's priority determination invalidating Natural Alternative's patent directed to a human dietary supplement that increases the anaerobic working capacity of muscle and other tissues.
By Thomas Irving, Stacy Lewis
Assuming novelty, the USPTO, PTAB, or a court must establish that the claimed invention would have been obvious over the prior art.
By John Paul, Brian Kacedon, Cecilia Sanabria, Sonja Sahlsten
To interpret an ambiguous term in a license agreement that was subject to several reasonable interpretations, a Delaware court relied on a clarifying provision and read the agreement as a whole.
By John Paul, Brian Kacedon, Robert MacKichan III
An Illinois court found that an agreement licensing "existing patents" did not extend a license to divisional patents filed after the agreement was signed
By John Paul, Brian Kacedon, Cecilia Sanabria
A design patent owner who settled a litigation for trade dress infringement was not estopped from bringing a second litigation for design patent infringement.
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