January 2018 - Med Tech

  • University of Minn Waived Its Sovereign Immunity in Inter Partes Review of its Patents
  • Pfizer to Pay $94M to Settle Class Action Over Celebrex Claims
  • Boehringer's Trademark for "Breathless" is Not Merely Descriptive and Can Be Registered
  • What is an "Extended Release Coating" of a Drug?

November 2017 - Med Tech

  • Bayer's Oral Disintegrating Tablet "Levitra" Patent is Obvious
  • Merck's Antibiotic Drug "Invanz" Patent is Obvious
  • US House of Representatives Holds Hearing on Allergan Patent Transfer to St. Regis Mohawk Tribe
  • Purdue's "OxyContin" Patent is Obvious

October 2017 - Med Tech

  • Merck's NuvaRing Patent is Not Obvious
  • Boston Scientific Not Liable for Royalties on Coronary Stent
  • Eli Lilly's Patent for Cancer Treatment Survives Challenge
  • Federal Circuit Throws Out Amgen Win Over Sanofi

September 2017 - Med Tech

  • An Example of Why it is Not the Best Idea to Initiate Infringement Litigation Without a Laywer
  • Amgen Settles Patent Infringement Suit Over AbbVie's Humira
  • Dexcom Files ITC Complaint to Stop Importation by AgaMatrix
  • Allergan Transfers Restasis Patents to Avoid Invalidity Determination

September 2017

  • Is Your "Invention" Just Routine Testing or a Patentable Invention?
  • Another Example of Routine Testing-Optimization Still Being Patentable
  • "Little Mermaid" is Merely Descriptive of Dolls Says the Trademark Board
  • Studios Successfully Prevent "Ripping" of Their Movies

August 2017 - Med Tech

  • ITC Institutes Investigation of Fuji Breast Imaging Devices
  • Does Your Patent Adequately Describe Your Invention? Purdue Pharma Does Not
  • Enzo's Jury Verdict of $60M for Patent Infringement by Applera is Overturned
  • Philips Nets $7M from Zoll in Ongoing Patent Disputes

August 2017

  • USPTO Reports on Patent Eligible Subject Matter
  • Regeneron's Inequitable Conduct Bars its Patent Enforcement
  • William Adams of the Black-Eyed Peas Cannot Register "I AM"
  • Do You Have a Claim For Trademark Reverse Confusion?

July 2017 - Med Tech

  • What is Required to Patent a Diagnostic?
  • Merck Ordered to Pay Gilead $14M in Attorney Fees For "Unconscionable Acts" in Patent Suit
  • Does Your Patent Sufficiently Describe Your Testing Methodology?
  • Millennium Regains its Velcade Cancer Patent

July 2017

  • US Supreme Court Gives Right to Use and Resell Patented Products
  • Amazon is Not Liable for Patent Infringement by its Online Sellers
  • US Supreme Court Says First Amendment Allows Disparaging Trademark Registration
  • Clothing Designs Are Copyrightable According to the US Supreme Court

June 2017 - Med Tech

  • What is the Meaning of a "Pharmaceutical" in a Patent?
  • Patent Is Invalid if the Invention Was Publicly Sold More Than One Year Before Filing
  • J&J Claims Trade Secret Theft By Ex-Employee, Moving to Baxter
  • NuVasive Prevails Over Medtronic on Claim Construction of "Lateral" Path

June 2017

  • US Supreme Court Changes the Landscape (Venue) for Patent Lawsuits
  • Encoding and Decoding a Digital Image is Not Patentable
  • "Google" is Not a Generic Trademark
  • Urban Outfitters Willfully Infringed Copyrighted Fabric Design

May 2017 - Med Tech

  • Federal Circuit Confirms that Takeda's Prevacid Not Infringed by Sun Pharma's Generic Version
  • ThermoLife and Stanford University Ordered to Pay $1.3M in Attorney's Fees
  • What Does "Connected" Mean in a MedTech Patent?
  • Jury Hits Kimberly-Clark for $454M On Its Surgical Gowns

May 2017

  • Automakers Win at Federal Circuit on Non-Patentable Subject Matter
  • US Government Loses at Federal Circuit on Patentable Subject Matter
  • First Lady Melania Trump's Trademark Enforcement
  • Abbott and Costello's "Who's on First" Comedy May Be Reviewed by the US Supreme Court

April 2017 - Med Tech

  • No Patent Infringement When Exporting One Component of a Multi-Component Medical Test Kit
  • Electronically Transferring Medical Records is Not Patentable
  • Doctor May Not Avoid Patent Infringement, Even if Patient Required to Practice Invention
  • FDA is Not a Prior Inventor of Patented Invention

March 2017

  • US Supreme Court Now Allows Delay in Bringing Patent Infringement Lawsuit
  • Collecting Information, Analyzing It, and Displaying Results Is Not Patentable
  • Will Your Federal Trademark Registration Be Audited?
  • Star Trek Dispute with Fans Ends in Settlement

January 2017

  • Conventional Components in Unconventional Distributed Computer Architecture is Patentable
  • US Supreme Court Explains Entitlement to Design Patent Damages
  • Abbott Successfully Stops Importation of Gray Market Diabetes Test Strips
  • Does Your Trademark Meet the Requirement of "In Commerce" Use for Trademark Protection

November 2016

  • Federal Trade Commission Report on Patent Assertion Entities aka "Patent Trolls"
  • Singers Justin Timberlake & Britney Spears Denied Attorney Fees in Patent Infringement Suit
  • More Than 600 Words is Too Much for a Trademark
  • Musicians Kanye West and Jay-Z Did Not Infringe "Made in America"

October 2016

  • "Delivery of Streaming Content" is Not Patentable
  • "Automated Animation" is Patentable
  • Unauthorized Use of Photos of Hip Hop Group Run-DMC
  • "PlumbBob" From "The Sims" Computer Game Can Be Copyrightable

September 2016

  • Cannot Always Use "Common Sense" To Render a Patent Obvious
  • Do You Ever Feel That Something is Lacking in Patent Examiners?
  • Collecting and Monitoring Data Is Still Not Patentable
  • Trader Joe's in the US Can Sue Pirate Joe's in Canada for Infringement

August 2016

  • "Loan-Application Clearinghouse" is Not Patentable
  • Diagnostic Test for Prenatal DNA Remains Unpatentable
  • Law Firm aka "Copyright Troll" Sanctioned
  • Inter Partes Review Mechanism to Invalidate a Patent - Good Odds For the Alleged Infringer

July 2016

  • "Increased" Damages for Patent Infringement - Are You the Winner or Loser Under the New Law?
  • For Rock n' Roll Fans - Led Zepplin's "Stairway to Heaven" Does Not Infringe Copyright
  • What Entitles You to Attorney Fees in Copyright Infringement Lawsuits
  • More for Music Fans - Madonna's "Vogue" Does Not Infringe Copyright

June 2016

  • Patent Owners Win Some Ground - Software that Improves Computers is Patentable
  • What the Federal Circuit Givith, the Federal Circuit Taketh Away - Photo Sharing is Not Patentable
  • Stopping False Advertising in the US-Even When You Do No Advertising in the US
  • New Federal Trade Secrets Law

April 2016

  • Analyzing Diagnostic Data - Without Significantly More - Is Not Patentable
  • Disparaging Your Competitor's Product Can Narrow Your Patent Protection
  • For Clint Eastwood Fans and Movie Buffs
  • Is Your Report Format Protectable as Trade Dress?

March 2016

  • Buyers of Patented Articles Can Be Prevented From Resale
  • In-House Patent Manager Must Also Avoid Inequitable Conduct in Obtaining Patent
  • The Continuing Saga - Do Disparaging Trademarks Violate The First Amendment
  • Federal Circuit Will Not Review USPTO Guidelines for Software Patents (Alice)

February 2016

  • Invalid Match Making Patent Justifies Attorney Fees
  • More Guidance on Calculating Patent Damages
  • Ban on Disparaging Trademarks Violates First Amendment
  • Are You Infringing on the Copyright to "Happy Birthday To You"

August 2015

  • More From The Patent Office On What "Software" Can Be Patented
  • Is It Harder Or Easier Now To Obtain Attorney Fees For Patent Infringement?
  • Is "Redskins" For A Football Team Name Disparaging?
  • Can Foreign Parties In Foreign Lawsuits Obtain Your Confidential Information Disclosed In US Lawsuits?

July 2015

  • Is It Surprising That You Cannot Collect Patent Royalties After The Patent Expires?
  • Sloppy Or Bad Lawyering Is Not Enough To Award Attorney Fees In Patent Litigation
  • Infringement Or Fair Use Of The 70's Comedy Show "Three's Company"?
  • Annual Pricewaterhouse (PWC) Litigation Findings for 2014

June 2015

  • US Supreme Court Eliminates Defense of Good Faith Belief of Patent Invalidity
  • Is Your Software Patent Invalid Because It Omits Algorithms?
  • Does Your Insurance Cover Infringement of a Trademark or Infringement of a Slogan - or Neither?
  • Less Copyright Protection for Actors

May 2015

  • Now Easier to Obtain Design Patent Protection Outside of the USA
  • Can Content Providers be Liable for Patent Infringement?
  • Does Your Use of a Trademark Satisfy the Registration Requirements?
  • Are Your Advertising Brochure Images Infringing Another's Copyright?

February 2015

  • US Supreme Court Takes Away Free Pass For Patent Claim Construction
  • Have You Been "Inducing" Someone to Infringe a Patent?
  • True or False - You Can Freely Use Copyrighted Material for Educational Purposes
  • Are You Confused by "Eat More Kale" and "Eat Mor Chikin"?

January 2015
  • USPTO Issues New Guidelines on What Is Patentable Subject Matter - Such as Software Patents
  • How Much Copyright Does an Actor Have in a Film?
  • Using the International Trade Commission for Trademark Infringement
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