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Fish & Richardson PC

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Delaware Court of Chancery enforces non-compete agreement that it “blue pencils”

USA - January 30 2014 Delaware Courts, unlike many jurisdictions (such as California), honor non-compete agreements. However, Delaware Courts will find non-competes that

Using a DMCA takedown notice to assert a trademark claim may lead to section 512(f) liability

USA - March 26 2014 In 2011, Jenni Alvies launched a blog at "crossfitmamas.blogspot.com" and created a "CrossFit Mamas" Facebook page, where she posted exercise

So you think that your arbitration is confidential . . . . Better think again

USA - April 18 2014 In pre-suit consultations with clients concerning arbitration, time and again I have found that clients take as a given that an arbitration will be

Is This “The End” for Unicorn Beverages? Starbucks Sued Over Unicorn Frappuccino

USA - May 9 2017 On May 3, 2017, a New York-based coffee and beverage shop by the name of The End Brooklyn filed suit in the Eastern District of New York against

Biosimilars: What to Expect in 2017

USA - January 23 2017 2016 was a record year for the development of biologics in the United States. Below, we summarize a few key biosimilar developments to keep an eye on

What Does The “In” in “Incontestable” Mean?

USA - May 22 2017 After the fifth year of issuance of a U.S. trademark registration, the registration is eligible for "incontestable" status if the owner files a

Uncertainty In Patent Term Extension For Biologics

USA - May 22 2017 When Congress enacted the Biologics Price Competition and Innovation Act of 2009, it created an artificial act of infringement for the submission of a

Is This “The End” for Unicorn Beverages? Starbucks Sued Over Unicorn Frappuccino

USA - May 9 2017 On May 3, 2017, a New York-based coffee and beverage shop by the name of The End Brooklyn filed suit in the Eastern District of New York against

Oral Argument Key Points: Impression Products, Inc. v Lexmark Int’l, Inc.

USA - May 8 2017 The Supreme Court heard oral argument in Impression Products, Inc. v Lexmark Int'l, Inc. on March 21, 2017, and will issue an opinion before June 26

How Soon Can A Biosimilar Applicant Be Sued for Patent Infringement?

USA - April 24 2017 Biosimilar manufacturers proceeding under the abbreviated approval pathway laid out in the Biologics Price Competition and Innovation Act ("BPCIA"