Post By Xiaohong Liu, Ph.D. Bayer owns and uses the FLANAX trademark in Mexico to sell a pain reliever product. Neither Bayer nor its sister company in the US registered the FLANAX trademark in the US, but rather use another trademark, ALEVE, to sell the same product here. In 2004 Belmora registered FLANAX in the US for sales of a substantially same product. Bayer successfully cancelled Belmora’s trade....... Read More
Post By Nicholas J. Krob The United State Court of Appeals for the Federal Circuit has provided clarity this week regarding the patent eligibility of computerized processes. On Tuesday, the appellate court issued its ruling in McRO, Inc. v. Bandai Namco Games America Inc. et. al., wherein it reversed the lower court’s ruling that patents on lip-sync technology were invalid for claiming an abstract idea. Under 3....... Read More
Post By Brandon W. Clark Two of the most notorious copyright litigation cases in recent years share one thing in common, neither jury was allowed to compare the audio recordings of the songs in question. The rulings in both the “Blurred Lines” and “Stairway to Heaven” cases show how important it is to file accurate and complete deposit copies with the US Copyright Office. “Blurred Lines” v. “Got To Giv....... Read More
Post By Marcus A. Smetka Recently a California U.S. District Judge found that Warner/Chappell Music, Inc. did not hold a valid copyright on the song “Happy Birthday To You”, and the song was held to be in the public domain. As part of the judgment, Warner/Chappell Music, Inc. was ordered to pay $14 million to reimburse members of the class action law suit ho had previously paid to use the song “Happy Birthday To ....... Read More
Post By Jonathan L. Kennedy The USPTO has implemented the “Post-Prosecution Pilot” referred to as the “P3 Program.” The goal of the program is to reduce the need for appeals by providing a more robust after final, pre-appeal program. The P3 Program essentially blends two existing programs: the After Final Consideration Pilot and the Pre-Appeal Brief Conference Pilot. The After Final Consideration Pilot ....... Read More
Post By Caitlin M. Andersen One of the most iconic rock songs of the 20th Century came under fire earlier this summer for allegations of copyright infringement. The estate of Randy Wolfe, guitarist for Spirit on the song “Taurus,” brought a copyright suit against Led Zeppelin, frontman Robert Plant, and guitarist Jimmy Page alleging infringement of a guitar riff that opens the iconic classic “Stairway t....... Read More
Post By Marcus A. Smetka In In re Hodgdon Powder Company, Inc., the TTAB overturned a prior refusal to register a color mark for gunpowder. In doing so, the TTAB found that Hodgdon Powder Co. had proven acquired distinctiveness under Section 2(f) of the Trademark Act of 1946, 15 U.S.C. § 1052(f), for the color “white” as applied to gunpowder in International Class (IC) 13. The description of the ma....... Read More
Post By Blog Staff In The Medicines Co. v. Hospira, Inc., the full Federal Circuit recently elaborated what exactly constitutes a “sale” for the purposes of the “on sale” bar under Pre-America Invents Act (AIA) 35 U.S.C. § 102(b). Pre-AIA § 102(b) and AIA § 102(a)(1) forbid the granting of a patent where the claimed invention was “on sale” prior to an application for a patent. InThe Medicines Co. v. Hospira, Inc........ Read More
Post By Blog Staff On Tuesday, the Federal Circuit sustained an injunction preventing generic drug maker Apotex, Inc. from selling a similar version of Amgen Inc’s Neulasta drug without a 180 day notice period after being approved by the FDA. The drug is used to boost white blood cell counts in cancer patients and is made using living cells. Because of the nature of biologic drugs such as Neulasta, it i....... Read More
Post By Daniel M. Lorentzen, Ph.D. Post By Daniel M. Lorentzen, Ph.D. Post By -- Please select -- The Federal Circuit has handed down its decision in Rapid Litigation Management v. CellzDirect. The technology at issue in the case is a method of freezing-and-thawing a group of hepatocytes and then selecting those that are still viable. The patent-owner sued the defendant for infringem....... Read More
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