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Author: John Richards | Practices: , | Tags: , , ,

SKIPPING THE PATENT DANCE: U.S. SUPREME COURT IN AMGEN v SANDOZ MAKES IT MORE DIFFICULT FOR PATENT OWNERS TO DELAY MARKETING OF BIOSIMILARS

On June 12, 2017, in a unanimous decision authored by Justice Thomas in Amgen Inc. v. Sandoz Inc., the United States Supreme Court considered the complex statutory scheme that attempts to expedite resolution of patent disputes that might affect the...

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Author: John Richards | Practices: , | Tags: , , , ,

UNITED STATES SUPREME COURT DECISION IN IMPRESSION PRODUCTS INC. V LEXMARK INTERNATIONAL INC.

In 1628, Lord Coke in his “Institutes of the laws of England” summarized the common law on restraints on the alienation of chattels stating that any attempt by a seller to restrict resale or use of the chattel after selling it was “voide,...

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Author: John Richards | Practices: , | Tags: , , , , , ,

TC HEARTLAND LLC v. KRAFT FOODS GROUP BRANDS LLC

Introduction In its decision of May 22, 2017 in Heartland v. Kraft, the United States Supreme Court held that the specific venue provisions applicable to Patent infringement (28 U.S.C. 1400 (b)) limited the courts in which a domestic corporation...

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Author: Kevin Thompson | Practices: , , , | Tags: , , , , , ,

A Multi-Layered Approach to Packaging Protection

The way in which a product looks or how it is packaged and sold can often be a driving force in the consumer’s purchasing decision. Yet, the intellectual property rights available for product designs and packaging are anything but straightforward...

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Author: John Richards | Practices: , | Tags: , , , , , , , ,

Laches not available to defeat patent infringement damages claim: SCA Hygiene Products v First Quality Baby Products

In a 7-1 decision on March 21, 2017, in the case of SCA Hygiene Products AB v. First Quality Baby Products LLC, the United States Supreme Court reversed an en banc decision of the Court of Appeals for the Federal Circuit and held that the equitable...

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SOFTWARE AS PATENTABLE SUBJECT MATTER POST ALICE

The issue of patent eligible subject matter under 35 USC § 101 affects many different types of inventions including those which incorporate software technology for controlling conventional machines and devices. Although the Alice v. CLS Bank...

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