Blogs

Last month, the Federal Circuit’s holding in Google LLC v. Hammond Dev. Int’l, Inc.[1]  illustrated the importance of raising a collateral estoppel argument when the opportunity arises. In Google LLC v. Hammond Dev. Int’l, Inc., the Court decided the patentability of claims directed to subject matter that was previously held unpatentable following an IPR of... Continue Reading

In American National v. Sleep Number Corporation, the Court of Appeals for the Federal Circuit (“CAFC”) affirmed the Patent Trial and Appeal Board’s (“Board”) decision to allow a patent owner to present proposed amended claims during inter partes review (“IPR”)proceedings that both respond to a ground of unpatentability and make other wording changes unrelated to... Continue Reading

In the Federal Circuit’s recent decision of CUPP Computing AS v. Trend Micro Inc., the Court made the precedential holding that the Patent Trial and Appeal Board (“the Board”) is not bound by a party’s disclaimer in the very IPR proceeding in which it is made, just as a disclaimer in a district court proceeding... Continue Reading

The United States Patent and Trademark Office (USPTO) issued updated guidance on the duty of candor and duty to disclose in relation to submissions made to other government agencies, particularly the Food and Drug Administration (FDA). The Notice did not constitute new rule making and instead aims to clarify the obligations of patent applicants and... Continue Reading

The Supreme Court agreed on Friday, November 4, 2022, to review the standard for enablement of genus claims after the Federal Circuit’s decision in Amgen, Inc. v. Sanofi. We have previously covered Amgen’s petition for a writ of certiorari and the multiple amicus curiae briefs submitted in the case. As detailed below, the Supreme Court’s decision... Continue Reading

On September 27, 2022, Judge Richard Andrews of the District of Delaware granted Novartis’s motion to dismiss declaratory judgment (“DJ”) counterclaims raised by two generic drug manufacturers in the ongoing litigation regarding Novartis’s heart failure medication, Entresto® (sacubitril/valsartan).[1] The decision provides guidance to ANDA applicants seeking to maintain a case or controversy for DJ counterclaims... Continue Reading

The Federal Trade Commission will have its eye on privacy and data security enforcement in 2023. In August, the agency announced that it is exploring ways to crack down on lax data security practices. In the announcement, the FTC explained that it was “concerned that many companies do not sufficiently or consistently invest in securing... Continue Reading

The average cost of a data breach is on the rise. According to the 2022 ForgeRock Consumer Identity Breach Report, the average cost in 2021 of recovering from a data breach in the U.S. is $9.5 million — an increase of 16% from the previous year. Lawsuits and regulatory fines are a significant factor contributing to... Continue Reading

Google agrees to pay a historic $391.5 million to settle with attorneys general from 40 U.S. states for misleading users about its location tracking and collection practices. The settlement is the largest ever attorneys general-led consumer privacy settlement. The attorneys general opened the Google investigation following a 2018 Associated Press article that revealed Google “records... Continue Reading

Substantial patent litigation activity occurred in the mRNA space in 2022, involving nearly all of the major mRNA and lipid nanoparticle (LNP) pioneers. Since this is the most significant happening in this space with respect to IP in 2022, this post will provide an overview of that activity as well as a summary exposure analysis. ... Continue Reading

Great buzz resulted from the World Bank study showing that the fashion industry is responsible for about 10% of annual global carbon emissions – more than international flights and maritime shipping combined[1]. While this news may not come as shocking in principle, the quantification of the impact is powerful. The finding is only going to... Continue Reading

Web3, the up-and-coming decentralized iteration of the World Wide Web built on the blockchain, presents a unique opportunity for fashion brands to provide consumers with phygital—physical plus digital—experiences. Creating phygital experiences gives fashion brands the powerful opportunity to merge the physical and digital, leading to enhanced consumer experiences. These emerging phygital fashion innovations were on... 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,...

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

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