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

Biosimilars Law Bulletin

  • Patent thickets, particularly those involving pharmaceutical patents, appear to have caught the ire of many U.S. senators. Within the past few weeks, two separate letters have urged action to find ways to prevent issuance of overlapping patents covering a single pharmaceutical product. The letters provide insights into the tools they believe are available to address... Continue Reading

  • Patents related to Regeneron’s EYLEA (aflibercept) were recently added to the Purple Book.  Under the Biological Product Patent Transparency Act, signed into law December 27, 2020 and codified at 42 U.S.C. § 262(k)(9), patents must be submitted to the FDA for listing in the Purple Book during the “Patent Dance” under the BPCIA. Specifically, within... Continue Reading

  • On April 18, 2022, the Supreme Court invited the Solicitor General to file a brief expressing the views of the United States in the Amgen, Inc. v. Sanofi, Inc. case, which involves important questions of enablement for genus claims. We have previously covered the Federal Circuit’s decision, Amgen’s petition for a writ of certiorari, and... Continue Reading

Privacy Zone

Where technology and intellectual property meet privacy

RF EMerge

A Resource for Innovators

Trademark Opposition Lawyer

Insight & commentary on TTAB Proceedings
  • 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,...

  • Non profit trademark owners can be protective about their brand names, too. Competing Alzheimer’s foundations recently battled it out in a trademark opposition before the Board.  In the end, the Board was more charitable to the Opposer, ruling in its favor on its likelihood of confusion claim. Background.  In Alzheimer’s Disease and Related Disorders Association,...

  • U.S. trademark expungement and reexamination proceedings are now available.  This constitutes a major development in U.S. trademark practice.  A result of the U.S. Trademark Modernization Act., the new rules became effective December 18, 2021. As ex parte proceedings, trademark reexamination and expungement have the potential to be more efficient and less expensive than trademark cancellation...

Healthcare Marketing Law

Legal Insight for Today's Healthcare Leaders
  • A recent trademark opposition decision shows that protecting your nutritional supplement trademark is good for overall brand health. In Tom Miles v. Five Star Gourmet Foods, Inc.,  the Applicant (Five Star) sought to register the mark ENERGY2GO for fresh and packaged meals and snacks consisting primarily of vegetables, fruits, meats, cheese, and grains in International... Continue Reading

  • Healthcare CMOs have a valuable ally when seeking to justify their marketing budgets.  In a word, their brands. According to a recent article in Modern Healthcare,  revenue shortfalls in regional health systems are acute due to COVID-19.  One of the recommended remedies to this financial illness is to diversify sources of revenue.  There is no... Continue Reading

  • Legal note:  Copyright compliance programs and training are vital to mitigating your marketing risks. Understanding copyright basics is an important component of an effective health care marketing strategy. A proper copyright compliance program will include an understanding of what you can protect, what requires a license, and how to avoid infringement. 1.  What you can... Continue Reading

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