Blogs
The law is dynamic and constantly evolving – and so is Rothwell Figg. We are at the forefront of the legal developments that impact businesses and industries, and our blogs provide communications that are relevant to client goals and objectives across local, regional, national, and global markets.
PTAB Law Blog
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The PREVAIL Act – Does it Unfairly Hinder Patent Challengers’ Possibility of Prevailing at the PTAB?
The Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act was introduced on June 22, 2023, with the aim to reform the U.S. Patent Trial and Appeal Board (PTAB). The PREVAIL Act serves as a supplement to the proposed STRONGER Patents Act, introduced in 2019. The drafters have identified three key goals of the... Continue Reading
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The food tech industry has grown rapidly in the last ten years due to innovations in the alternative animal product space and a growing customer desire for more sustainable options.[1] With this rapid growth and an increasing number of entrants to the field comes an increased likelihood of intellectual property clashes. In this article, we... Continue Reading
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In Intel Corporation v. Pact XPP Schweiz AG, the Court of Appeals for the Federal Circuit (“Federal Circuit”) reversed and remanded the decision of the Patent Trial and Appeal Board (“Board”). In the decision, the Federal Circuit rejected the Board’s rigid application of the “motivation-to-combine” analysis that required an element from one reference must provide... Continue Reading
Biosimilars Law Bulletin
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On November 17, 2023, Genentech, Hoffman-La Roche, and Biogen (collectively “plaintiffs”) filed a complaint in the federal district court for the District of New Jersey against Dr. Reddy’s Laboratories and Fresenius Kabi (collectively “defendants”) (DNJ No. 23-cv-22485). The plaintiffs allege that the defendants infringe or intend to infringe fifteen patents related to the biologic rituximab,... Continue Reading
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As one BPCIA case came to a close in May[1], another got underway. On May 1, 2023, Amgen filed a complaint in the District of New Jersey, accusing Sandoz of infringing patents that relate to denosumab, the active ingredient in Amgen’s PROLIA and XGEVA. PROLIA is prescribed for a high risk of bone fracture in... Continue Reading
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On Tuesday, May 23, 2023, Janssen and Amgen settled their case regarding Amgen’s proposed biosimilar to Stelara in Delaware district court.[1] Stelara, also known as ustekinumab, is an anti-IL-12/IL-23 antibody drug used to treat plaque psoriasis, psoriatic arthritis, Crohn’s disease, and ulcerative colitis. Amgen has created a biosimilar of Stelara called ABP 654, which has... Continue Reading
Privacy Zone
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It is fairly standard language in privacy policies: “This privacy policy may be amended or updated from time to time, so please check back regularly for updates.” It sends the message that the company can change its data practices and policies without ever notifying the end-user. It tells the end-user that the burden is on them... Continue Reading
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On Oct. 30, President Joe Biden issued an executive order on safe, secure and trustworthy artificial intelligence.[1] The executive order provides a sprawling list of directives aimed at establishing standards for AI safety and security and protecting privacy. While the executive order acknowledges the executive branch’s lack of authority for any lawmaking or rulemaking, AI... Continue Reading
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Following its many warnings of impending enforcement action against entities providing Artificial Intelligence (“AI”) products, the FTC has officially launched an investigation into OpenAI[1]. The FTC initiates its investigation on the heels of the Center for AI and Digital Policy’s July 10, 2023 supplement to its March 30, 2023 complaint, which requests that the FTC... Continue Reading
RF EMerge
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BASE Air is a company at the leading edge of safety in the heavy vehicle industry. Founded in 2005 by Matthew Vaughan in Australia, the company focuses on Balance and Safety Enhancement (BASE) for heavy-duty vehicle stability. BASE Air’s technology is a pressure-control system capable of integrating into a vehicle’s existing air suspension, or available... Continue Reading
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Gene Therapy Approvals Gain Steam in 2023: FDA Approves First Gene Therapies for Sickle Cell Disease
In a long-awaited milestone in the gene therapy space, the Food and Drug Administration (FDA) approved two gene therapies to cure sickle cell disease (SCD). Soon thereafter these approvals, a key licensing agreement was announced between Vertex and Editas for Cas9 gene editing technology. Gene therapy is a new type of treatment with the potential... Continue Reading
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Gene therapy is part of a new wave of medicine that approaches disease treatment by addressing the root causes rather than focusing on treating or reducing symptoms. Currently, gene therapies are being developed for treatment of inherited diseases, autoimmune diseases, cancer, and infectious diseases. In July 2023, we posted about a series of FDA approvals... Continue Reading
Trademark Opposition Lawyer
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The Hook ’em Horns of the University of Texas earned a big win in a recent trademark opposition proceeding. This is an interesting sports trademark case. The case, the Board of Regents of the University of Texas v. Kendall A. Beaver, was brought by UT against the owner of the following trademark application: The Applicant’s...
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A trademark registration for the mark PROHEAR for audio headphones and related goods has been cancelled based on a likelihood of confusion with the mark PROTEAR for similar goods. The trademark cancellation proceeding was filed and decided before the U.S. Trademark Trial and Appeal Board. The case, Hangzhou Zhaohu Technology Co., Ltd. v. Hangzhou Johnson...
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A recent trademark opposition is a lesson in how to properly establish a likelihood of confusion for apparel goods. In Roots Corporation v. Colorful Roots LLC, the Opposer, Roots Corporation, relied on several of its trademark registrations of ROOTS and its derivatives. The “Roots” Marks, for various apparel items and related accessories in Class 25,...
Healthcare Marketing Law
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IP Innovation Management is the subject of a webinar sponsored by Medmarc Insurance Group. This event will be presented by James Hastings of Rothwell Figg. He is the editor of Healthcare Marketing Law. IP Innovation Management is a process for: the value inherent in intellectual assets creations. Life sciences patents are the most filed patents... Continue Reading
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Martin Curley, Professor of Innovation at Maynooth University, was the featured speaker at the Lean Business Ireland Summit. Martin is a worldwide leader in the digital health field, focusing on using technology to shift health care delivery to a patient-centric model. He was until recently Director of Digital Transformation at Health Service Executive (HSE), the... Continue Reading
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A recent appeal of a trademark application refusal shows the importance of filing proper specimens of use. The matter, In Re Sciton, Inc., was an appeal filed by the owner of two applications to register the mark SCITON (in standard characters and composite design mark form) for various medical services related to cosmetic skin treatments... Continue Reading
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