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Yearly Archives: 2017

Controversial Strategy: Selling Patents to a Native American Tribe

Posted on Dec 4, 2017 in Articles

Allergan (a pharmaceutical company) is the manufacturer of Restasis, a prescription eye drop that is used to treat Chronic Dry Eye disease by increasing tear production. Restasis has been a commercial success, with sales in 2016 of approximately $1.5 billion, and Allergan’s website states that its formulation has been “prescribed 6.4 million times since 2003.” Restasis is patented, and those patents received significant attention last month when they were sold to a Native American tribe—as a litigation strategy.

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CR Partner Appointed Co-Chair of Printing-for-Digital Fabrication Conference

Posted on Nov 9, 2017 in News

CR Partner Scott Slomowitz has been appointed publicity co-chair for the Printing-for-Digital Fabrication Conference, sponsored by the Society for Imaging Science and Technology, to be held in Dresden, Germany in September 2018.

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Don’t Let Your Trademark Become Generic

Posted on Oct 25, 2017 in Articles

A music video went viral this month, but it’s doubtful you know any of its musicians. The tune is quite catchy, and the performance is not only professional, but very enjoyable. What is the theme of the song? Coming of age? A broken heart? No. It’s a music video about Velcro Brand Fasteners and the VELCRO trademark.

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Why Patent Claims Language Must Be Clearly Written

Posted on Sep 27, 2017 in Articles

Everyday business communication is hard enough. With all of the subtleties and nuances of language, the message received by an individual may not match what was intended. But with patent claims, the need for definiteness is far greater.

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CR Client LifeAire Systems’ Patented System Used by Top Fertility Lab in U.S.

Posted on Sep 18, 2017 in Blog

LifeAire Systems, a leader in air purification for healthcare, announced that the in vitro fertilization (IVF) program with the highest live-birth rate for women under 35 according to 2015 data uses LifeAire’s patented Aire~IVF® System.

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Patent Unenforceable Based on Inequitable Conduct

Posted on Aug 23, 2017 in Articles

It’s been called the atomic bomb of ­patent law—inequitable conduct. It happens when a patent is applied for, but the duty of candor, disclosure and good faith toward the U.S. Patent and Trademark Office (USPTO) is violated. If proven to have occurred during patent procurement, then the entire resulting patent becomes unenforceable.

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CR Partner Featured in Academy of Court Appointed Masters Newsletter

Posted on Aug 23, 2017 in News

Caesar Rivise Partner James Kozuch is featured in the August 2017 Academy of Court Appointed Masters (ACAM) Newsletter. The ACAM newsletter spotlights BIEC International, Inc. v. Global Steel Services, Ltd. et al., a complex trade secrets case between two steel-makers in which Mr. Kozuch served as a Special Master.

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Association of Intellectual Property Firms Annual Meeting in San Francisco

Posted on Aug 16, 2017 in Events

This year the AIPF’s Annual Meeting takes place from September 13th – 15th at the Marriott Fisherman’s Wharf Hotel in San Francisco, California. The Annual Meeting is an excellent opportunity for IP practitioners to meet in person and establish personal and business connections, as well as obtain beneficial information in a cordial environment.

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Trademarks and the First Amendment Considered by Supreme Court

Posted on Jul 26, 2017 in Articles

When I studied constitutional law in law school, one subject was certainly never mentioned in that class: trademarks. After last month’s U.S. Supreme Court decision in Matal v. Tam, that may change.

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Significant Change in Patent Exhaustion From the Supreme Court

Posted on Jun 21, 2017 in Articles

When was the last time you sold your used car and worried about infringing the patent rights of the manufacturer? My guess is you would say “never.”

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