Blogs

In Everstar Merch. Co. v. Willis Elec. Co., No. 2021-1882, 2022 WL 1089909 (Fed. Cir. Apr. 12, 2022), the Federal Circuit provided guidance to distinguish between raising a new argument and elaborating on previously raised arguments in proceedings before the Patent Trial and Appeal Board (“Board”). Here it was decided that a minor point in... Continue Reading

Background In 2018, Hunting Titan, Inc. filed a petition for inter partes review (“IPR”) of U.S. Patent No. 9,581,422 (“the ’422 patent”), which is owned by DynaEnergetics Europe GmbH, a manufacturer of industrial explosives. In pertinent part, Hunting Titan asserted in its petition that claims 1-15 of the ’422 patent were unpatentable because they were... Continue Reading

On the first of February, in Qualcomm Inc. v. Apple Inc., the Court of Appeals for the Federal Circuit (“the CAFC”) vacated and remanded the Patent Trial and Appeal Board (“the Board”) on two inter partes review (“IPR”) decisions that held claims 1, 2, 5-9, 12, 13, and 16-22 of Qualcomm’s U.S. Patent No. 8,063,674... Continue Reading

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

In July 2020, the Schrems II decision issued and the European Commission’s adequacy decision for the EU-US Privacy Shield Framework was invalidated.  Further, and broader than the invalidation of Privacy Shield adequacy decision, the Schrems II judgement found that US surveillance measures interfered with what are considered “fundamental rights” under EU law, i.e., the rights... Continue Reading

On Friday, January 28, 2022, the California Office of Attorney General issued a press release announcing that California DOJ sent notices alleging non-compliance with the California Consumer Privacy Act (CCPA) to a number of businesses operating loyalty programs in California.  The press release stated, inter alia: “Under the CCPA, businesses that offer financial incentives, such... Continue Reading

On August 13, 2018, the Associated Press published a story: “Google tracks your movements, like it or not.”  (https://apnews.com/article/north-america-science-technology-business-ap-top-news-828aefab64d4411bac257a07c1af0ecb)  According to the article, computer-science researchers at Princeton confirmed findings that “many Google services on Android devices and iPhones store your location data even if you’re using a privacy setting that says it will prevent Google... Continue Reading

Introduction For many start-up companies, the prospect of filing a patent application can be daunting. Even when a company has a potentially patentable invention, the company may be unsure about what materials it should compile before seeking out patent counsel. However, one way to make something less daunting is to divide it into smaller parts.... Continue Reading

In light of Elon Musk’s recent offer to buy Twitter, Inc. (“Twitter”) there has been a resurgence in the desire to develop decentralized social media platforms. In efforts to avoid being at the whim of a single company or individual, the promise of user autonomy and control in a decentralized social network has spurred recent... Continue Reading

Background The food tech industry has been rapidly growing in recent years with the rise in popularity of alternative (“alt-“) animal products. Such alt-animal products typically consist of non-animal (e.g., plant-based) proteins or lab-grown meat that serve as a substitute for products from living animals such as cows, chickens or pigs. Investment in pioneer food... Continue Reading

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...

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