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ANDA Litigation Basics Under the Hatch-Waxman Act and Medicare Prescription Drug, Improvement and Modernization Act of 2003

Posted on Nov 16, 2015 in Articles

Generic Drugs, Are safe, effective and less expensive than brand name prescriptions, Used in approximately 50-60% of all prescriptions dispensed, Have same active ingredient(s), route of administration, dosage form, strength, indications…

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Injunction for Patent Infringement in the Smartphone War

Posted on Oct 28, 2015 in Articles

The standard for granting an injunction in a patent infringement case may have changed last month in Apple v. Samsung Electronics, No. 2014-1802 (Fed. Cir. September 17, 2015) (Apple IV). In this important decision, the U.S. Court of Appeals for the Federal Circuit carefully evaluated the landmark U.S. Supreme Court case eBay v. MercExchange LLC, 547 U.S. 388 (2006), and made it easier for plaintiffs to obtain an injunction for patent infringement.

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Recycled Ink Cartridges and Issue of Patent Exhaustion

Posted on Sep 23, 2015 in Articles

“The palest ink is better than the best memory,” according to a Chinese proverb. Perhaps, but an important case that is set to go to oral argument next month might decide how much you will pay for that ink from recycled ink cartridges. In Lexmark International v. Impression Products, No. 14-1617 (which is currently being argued before the U.S. Court of Appeals for the Federal Circuit), Lexmark International Inc. seeks to control who can recycle and resell Lexmark ink cartridges. And what is the issue being litigated? Patent exhaustion.

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Initial Interest Confusion in Trademark Case Against Amazon

Posted on Aug 26, 2015 in Articles

Dan Aykroyd, Bill Murray and John Belushi are working in a restaurant. Jane Curtin walks in and orders two cheeseburgers. Belushi yells at the cook, “Cheezborger, cheezborger.” Curtin then orders a Coke. Belushi responds, “No Coke. Pepsi.” The scene is one of the classics from “Saturday Night Live,” and it is also how Judge Barry Silverman begins his dissent in the U.S. Court of Appeals for the Ninth Circuit’s decision, Multi Time Machine v. Amazon.com, 2015 U.S. App. LEXIS 11554 (9th Cir. Cal. July 6, 2015).

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Intellectual Property of the Biggest Trade Deal in History

Posted on Jul 22, 2015 in Articles

TPP. TPA. TAA. It’s been a figurative “alphabet soup” of names for international trade legislation that has recently been in the news.

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What Changes After Fed. Circ.’s Williamson Decision

Posted on Jul 10, 2015 in Articles

When the Federal Circuit issued the en banc decision in Williamson v. Citrix [1], the court changed the guidelines regarding the adjudication of patent claims with functional claim language. Many blogs, articles and newsfeeds embraced the decision as yet another positive step towards curbing frivolous litigation based on overly broad software patents. Only time will tell if Williamson accomplishes that goal. The decision, however, is interesting because it refines an important test for interpreting functional claim language, while at the same time it preserves aspects of the precedent.

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When ‘No Means’ Means ‘Means’ in Functional Claim Language

Posted on Jun 24, 2015 in Articles

The preferred patent claim strikes a very fine line. When patent claims are broad, with fewer words, it is easier to find that they have been infringed. When claims are too broad, however, they may fail to meet the statutory requirements of patentability, for they may then fail to distinguish over the prior art (i.e., that which was already known before the patent was applied for). One way that patent attorneys draft broad claims, while at the same time differentiating over that which is already in the public realm, is to use something called functional claiming. Simply put, instead of writing a patent claim that describes what something is, a functional claim describes what something does (and hence the function that is performed).

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The Washington Redskins Might Be Getting Trademark Help

Posted on May 27, 2015 in Articles

And so continues the latest controversy over the name of a professional sports team. Last year, the U.S. Patent and Trademark Office (PTO) canceled the Washington Redskins’ trademark registration, citing the federal trademark statute that prohibits the registration of trademarks that are disparaging.

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The Debate Over Fee-Shifting in Patent Infringement Litigation

Posted on Apr 22, 2015 in Articles

The Innovation Act is a bill currently before Congress to revamp several statutes relating to patent litigation. Earlier this month, over 150 university presidents received a letter from the Consumer Electronics Association urging those presidents to support the Innovation Act. At issue is a controversial proposal to provide for fee-shifting in patent infringement litigation.

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Patent Office Disbands Warning System; Defenses Still in Place

Posted on Mar 25, 2015 in Articles

Earlier this month, the U.S. Patent and Trademark Office canceled an internal program that had been designed to flag patent applications of questionable subject matter. The Sensitive Application Warning System (SAWS) had existed for many years as a way for the patent office to try to prevent the issuance of patents that were “controversial and noteworthy.” Although the program no longer exists, there are still mechanisms in place to prevent such patents from issuing.

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