Patents & Trademarks

What Could Influence The Legal Developments in Biologic & Biosimilars?

What Could Influence The Legal Developments in Biologic & Biosimilars? 1

LawFuel Briefing – Add Yours Alexandra Valenti* As we close out another calendar year, we look back at the top legal developments of 2021 that could influence the market for biologics and biosimilars. There were many interesting decisions and other developments in district court, at the Federal Circuit, at the PTAB, and even at the …

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Trademark Enforcement: The Creative Enforcement with Cease-N-Desist

Foley Hoag –  Joshua Jarvis Over the past few years, we have seen numerous instances of companies protecting their trademarks in creative ways – approaches that leverage humor and the brands themselves in order to achieve an acceptable legal outcome while simultaneously promoting the company and its brands, thus minimizing the risk of public relations blowback. …

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When Does Legally Sharing Become IP Infringement?

When Does Legally Sharing Become IP Infringement? 2

DLA Piper – Today’s means of communication is ever more dependent on social media. Whether you’re an individual, a onewoman shop, a fortune-500 company, or even the President of the United States, social media is the fastest and easiest way to be heard. But where does the line lie between legally sharing someone else’s material …

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Apple and The Impact of the Largest “Patent Troll” Verdict in History

Apple and The Impact of the Largest "Patent Troll" Verdict in History 3

Spilman Thomas & Battle PLC* – In what is potentially the largest “patent troll” verdict in history, Apple has lost a $625 million patent jury award to VirnetX, according to Reuters news service. The jury verdict in the Eastern District of Texas includes $334.9 million for infringement occurring prior to filing and an additional $290.7 …

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The 10 Worst Drug and Medical Device Decisions in 2015

The 10 Worst Drug and Medical Device Decisions in 2015 4

Reed Smith – James Beck – In the original Hunger Games movie, while Katniss and Rue are plotting to blow up the Careers’ food stash, Katniss remarks that “destroying things is much easier than making them.”  That’s how we feel about our bottom ten worst prescription drug and medical device decisions of 2015.  It’s so …

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Wars on wheels – are patents the new revenue stream for car-makers?

cars and technology and the law

Freshfields – Car-makers have not traditionally seen patents as a revenue-driver. But as technology becomes more important to the value of a vehicle, so new threats are emerging to the traditional OEM business model. Tech suppliers – well versed in defending the value of their inventions – are now vital to the development of new …

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Global Fracturing of Global Frand Licensing

Global Fracturing of Global Frand Licensing 9

Skadden, Arps, Slate, Meagher & Flom LLP – By James F Brelsford & William J Casey – Standard essential patent (SEP) owners have long licensed their patent portfolios, including both SEPs and non-SEPs, on a global basis. But recent divergence, including in China and other jurisdictions, regarding what royalty base is appropriate to use when licensing …

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Who Wins With Google’s New Patent Purchase Marketplace – Other than Google?

google patent purchase marketplace on LawFuel

Hodgson Russ – Jordan Walbesser – There’s something off about Google’s Patent Purchase Promotion. Purchasing patents is not new. In fact, Google has a long history of buying patents. What’s new is the idea of a limited-time solicitation. To me, Google’s announcement evokes a stereotypical used-car ad—“Get a great deal on your patent, but you …

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The Dire Consequences of Abandoning a Brand

The Dire Consequences of Abandoning a Brand 10

Polsinelli – Trademark rights arise out of use in commerce, and can provide protection for your name, brand, and reputation in the community provided, that the marks are continuously used in connection with your goods or services. While brands change over time, whether the result of re-branding or through mergers or other acquisitions, it is …

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Alice v. CLS Bank: A Unanimous Supreme Court Rules On When Computer Claims are Patent-Eligible

Alice v. CLS Bank: A Unanimous Supreme Court Rules On When Computer Claims are Patent-Eligible 11

On June 19, 2014, the United States Supreme Court issued its opinion in Alice Corp. Pty. Ltd. v. CLS Bank International, No. 13-298, addressing the question of when patents claiming aspects of computer software satisfy the patentable subject matter requirement of 35 U.S.C. § 101. In yet another unanimous opinion (albeit one with a very …

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