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Caesar Rivise Works With European Patent Counsel to Achieve Positive Outcomes in European Patent Oppositions

Posted on Nov 30, 2015 in Blog

Caesar Rivise attorney David Gornish recently attended two different patent opposition hearings before the European Patent Office (EPO) in Munich and The Hague, respectively. David worked closely with European patent attorneys to achieve positive outcomes in both cases for the patent owner, a worldwide developer and manufacturer of pharmaceutical packaging products.

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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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CR Attorney Elected President of Jenkins Law Library

Posted on Sep 25, 2015 in News

The firm congratulates Manny Pokotilow on his election as President of the Jenkins Law Library.

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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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Supreme Court’s Decision in Nautilus Costs Dow Chemical Co. $30 Million in Unrelated Litigation

Posted on Sep 4, 2015 in Blog

Dow Chemical Company (“Dow”) sued NOVA Chemicals Inc. (“NOVA”) for infringement of the claims of two U.S. Patents (U.S. Pat. Nos. 5,847,053 and 6,111,023). The Delaware District Court found the claims to be infringed and not invalid. This decision was affirmed on appeal to the Federal Circuit, which held, inter alia, that the asserted claims were not indefinite.

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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., 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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Caesar Rivise’s Claim Construction Prevails in Markman Decision of NJ District Court

Posted on Jul 17, 2015 in News

In a July 15, 2015 Markman decision, U.S. District Judge Stanley R. Chesler reaffirmed his preliminary claim construction that “size 00 or less” in U.S. Patent No. 8,563,032 means “precisely size 00 or less” capsule, excluding the larger size 00el capsule.

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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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