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U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT HAS HELD THAT NEITHER STATE AGENCIES NOR INDIAN TRIBES ENJOY SOVEREIGN IMMUNITY, WHICH WOULD PROTECT THEIR PATENTS FROM CHALLENGE IN THE PATENT TRIAL AND APPEAL BOARD OF THE UNITED STATES PATENT AND TRADEMARK OFFICE

Introduction On July 20, 2018 in Saint Regis Mohawk Tribe, Allergan, Inc. v. Mylan Pharmaceuticals Inc., a panel of the U.S. Court of Appeals for the Federal Circuit (Dyk, Moore and Reyna JJ) held that Native American (“Indian”) Tribes...

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LADAS ATTORNEY DISCUSSED CHANGES IN INTERNATIONAL IP AT THE CHICAGO BAR ASSOCIATION

Ladas attorney Kevin Thompson recently gave a talk entitled, “Pitfalls in International IP and March 2019 Law Update,” in which he gave an overview of upcoming changes to intellectual property law and practice in the UK and EU as a result of...

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SCOTUS HOLDS LARGE COPYRIGHT COSTS AWARD IN RIMINI STREET V. ORACLE IS NOT PERMISSIBLE

Today, the Supreme Court of the United States overturned the decision of the Ninth Circuit Court in Rimini Street, Inc. et al v. Oracle USA, Inc. et al to award damages for costs in the amount of $12.8 million in a copyright infringement law suit....

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SCOTUS HOLDS A COPYRIGHT MUST BE REGISTERED BEFORE THE OWNER OF THE COPYRIGHT CAN SUE FOR INFRINGEMENT

Today, the Supreme Court held in Fourth Estate Public Benefit Corp. v. Wall-Sreet.com, LLC et al., that before a party can file suit for copyright infringement, the copyright must be registered with the U.S. Copyright Office. Absent statutory...

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DENNIS PRAHL, RALPH CATHCART AND LANNING BRYER HAVE BEEN SELECTED AS WORLD’S LEADING TRADEMARK PROFESSIONALS IN THE 2019 EDITION OF THE WTR 1000

The World Trademark Review described Ladas & Parry as being known to fortune 500 companies, small and midsized companies as well as multinational organizations as having “superior trademark service” and that these companies use Ladas because...

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Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc: Prior Public Sale may destroy novelty without disclosure of inventive feature

In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc, the United States Supreme Court held that a prior public sale of a patented product could destroy the novelty of a patent for that product even though there was no disclosure of the...

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