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In 2015, we wrote about the District of New Hampshire Bankruptcy Court’s decision in In re Tempnology, LLC. That decision was significant because it bucked a recent trend in bankruptcy jurisprudence to permit trademark licensees to retain their...
By: Dorsey & Whitney LLP
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Plaintiffs in New York state trade secret actions face a new limitation on their damages claims, according to a May 3, 2018 decision from the state’s Court of Appeals....
By: Orrick - Trade Secrets Group
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Animal selfie enthusiasts rejoice – your pet cannot sue you for copyright infringement for reproducing their pictures online under the Copyright Act of 1976. The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) has now answered...
By: Cole Schotz
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Food and beverage, drug, medical device, cosmetics, and consumer products companies must navigate a maze of legal and regulatory challenges in order to get and keep their products on the market — from concept, to development, to manufacture, to...
By: Saul Ewing Arnstein & Lehr LLP
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In an order issued May 14, 2018, the Court of Appeals for the Federal Circuit vacated a District Court order that denied a motion to dismiss for improper venue. The Court held that, in challenges to venue under 28 U.S.C. § 1406: (i) Federal Circuit...
By: Fish & Richardson
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In the immortal words of "Caddyshack"'s Ty Webb, a flute without holes is not a flute. Similarly, a de minimus infringement is not an infringement, according to a New York federal judge, who ruled that a “fleeting shot” of graffiti shown on an HBO...
By: Thompson Coburn LLP
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Praxair Distribution, Inc. v. Mallinckrodt Hospital Products IP Ltd., Appeal Nos. 2016-2616, -2656 (Fed. Cir. May 16, 2018) - In an appeal from a inter partes review, the Federal Circuit reviewed a PTAB obviousness decision. Importantly, the Court...
By: Schwabe, Williamson & Wyatt PC
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Below is a rundown of some recent developments in BPCIA litigations concerning biosimilars of Neupogen® (filgrastim) and/or Neulasta® (pegfilgrastim). Amgen v. Adello (filgrastim) - As we previously reported, in March, Amgen filed a complaint for...
By: Goodwin
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In November 2017 the UK government published its Industrial Strategy. As part of this, the UK IPO made a broad ‘call for views’ from users of the UK intellectual property system on “products, services or other activities the IPO could undertake in...
By: Hogan Lovells
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Several important changes to Bayh-Dole Act implementing regulations took effect on May 14, 2018, that will apply to funding agreements executed after that date and may apply to existing funding agreements modified after that date. In this article, we...
By: Foley & Lardner LLP
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