Blogs

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

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

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

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

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

Artificial Intelligence (AI) has long been associated with science fiction movies about dystopian futures, leading to fear among the general public about its potential impact. This is especially the case today for those in academia who have graded countless papers written by ChatGPT. However, the truth is far from what we see in the movies.... Continue Reading

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

Just last week, researchers at Robust Intelligence were able to manipulate NVIDIA’s artificial intelligence software, the “NeMo Framework,” to ignore safety restraints and reveal private information. According to reports, it only took hours for the Robust Intelligence researchers to get the NeMo framework to release personally identifiable information from a database.[1] Since these vulnerabilities were... Continue Reading

Many companies may be quick to dismiss Washington’s “My Health, My Data” (MHMD) as a health data law that does not apply to them. But there are many reasons you should think twice before disregarding this law.  First, unlike the state privacy laws that have been passed so far, MHMD applies to all companies regardless... Continue Reading

After decades of intense scientific research into developing gene editing technologies, and more than a few setbacks, the field has produced a number of success stories in recent years, demonstrating that regulatory agencies are increasingly likely to accept safety, efficacy, and durability data to approve such therapies. These advances have culminated in a series of FDA... Continue Reading

Guest Post By Leena Chitnis, Founder & CEO, Timberdog® In today’s fast-paced business environment, intellectual property (IP) has become an invaluable asset for emerging companies. IP refers to the legal rights that are granted to individuals or businesses for their inventions, creations, and innovations. It includes patents, trademarks, copyrights, and trade secrets. Emerging companies invest... Continue Reading

The alternative (“alt-“) animal products industry is growing increasingly more popular each year, causing an increased demand in foods made from plant proteins or cultured in a lab. As more alt-animal products emerge, the amount of foodtech patents increases and the foodtech patent landscape becomes more and more complex. In this article, we will provide... Continue Reading

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...

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...

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,...

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

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

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