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Fitzpatrick, Cella, Harper & Scinto

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Federal Circuit weighs tests for evaluating infringement under doctrine of equivalents

USA - June 12 2017 In its May 19 2017 panel decision in Apicore v Mylan the Federal Circuit Judges Lourie, Moore and Reyna suggested that an 'insubstantial differences'

New top level .xxx domain for adult material

USA - May 26 2011 As many of you may be aware, the Internet Corporation for Assigned Names and Numbers (“ICANN”) approved the formation of a new .xxx top-level domain for the adult entertainment industry, set to launch later this year

Federal Circuit Suggests That “Insubstantial Differences” Test May Be More Suitable Than “Function-Way-Result” Test For Evaluating Equivalence In Chemical Patent Cases

USA - May 22 2017 In a May 19, 2017 panel decision, Federal Circuit Justices Lourie, Moore and Reyna suggested that an "insubstantial differences" test may be more

Supreme Court Expands Patent Exhaustion Doctrine To U.S. Sales Subject To Post-Sale Restrictions And To Foreign Sales

USA - May 31 2017 On May 30, 2017, the United States Supreme Court in Impression Prods. Inc. v. Lexmark Int'l, Inc. expanded the patent exhaustion doctrine to hold that

A successful parody: Louis Vuitton Malletier v Haute Diggity Dog

USA - April 22 2008 In a decision that surprised many trademark owners (including the INTA which had filed an amicus brief in support of the trademark owner’s position), the Court of Appeals for the Fourth Circuit in Louis Vuitton Malletier S.A. v. Haute Diggity Dog, 507 F.3d 252 (4th Cir. 2007), held that “Chewy Vuiton” for dog chew toys did not infringe or dilute the trademarks of Louis Vuitton, the high-end handbag manufacturer

Drug Patents May Fare Better Than Other Technologies In IPR Proceedings

USA - June 12 2017 On March 31, 2017, the United States Patent Trial and Appeal Board ("PTAB") released updated statistics showing the fate of resolved inter partes

Supreme Court Rules That Biosimilars Makers Can Give Notice Of Commercial Marketing Before FDA Licensure

USA - June 12 2017 In a June 12, 2017 decision authored by Justice Clarence Thomas, the United States Supreme Court in Sandoz v. Amgen ruled that, under the Biologics

Federal Circuit weighs tests for evaluating infringement under doctrine of equivalents

USA - June 12 2017 In its May 19 2017 panel decision in Apicore v Mylan the Federal Circuit Judges Lourie, Moore and Reyna suggested that an 'insubstantial differences'

Supreme Court Expands Patent Exhaustion Doctrine To U.S. Sales Subject To Post-Sale Restrictions And To Foreign Sales

USA - May 31 2017 On May 30, 2017, the United States Supreme Court in Impression Prods. Inc. v. Lexmark Int'l, Inc. expanded the patent exhaustion doctrine to hold that

Federal Circuit Clarifies Standard For Assessing “Fame” Of Trademarks In Likelihood Of Confusion Context

USA - May 25 2017 On May 24, 2017, Federal Circuit Judges Newman, Dyk and Wallach issued a per curiam opinion in Joseph Phelps Vineyards, LLC v. Fairmont Holdings, LLC