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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...
Read ArticleUNITED 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,...
Read ArticleResistance is Futile: Axanar Productions settles with CBS and Paramount to end copyright infringement suit over fan film
Axanar will finally beam down to YouTube after CBS and Paramount Pictures (“Paramount”) reached a settlement with Axanar Productions to end all ongoing litigation regarding the Star Trek fan film. After the success of their 21-minute fan film...
Read ArticleTC 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...
Read ArticleA 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...
Read ArticleCopyright protection available to surface ornamentation of cheerleader’s uniforms: Star Athletica v Varsity Brands
On March 22, 2017, the United States Supreme Court in the case of Star Athletica LLC v Varsity Brands LLC affirmed a decision of the Sixth Circuit Court of Appeals that copyright protection could exist in surface ornamentation of cheerleader’s...
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