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FDCA’s Exclusive Enforcement Provision Reigns Supreme over State Laws

USA - September 29 2022 In its first occasion to interpret § 353b of the Federal Food, Drug, and Cosmetic Act (FDCA), the US Court of Appeals for the Ninth Circuit relied on…

Secondary Meaning: Consumers Connect Product with Single Anonymous Source

USA - September 8 2022 Reversing and remanding a district court’s grant of summary judgment in favor of an accused trade dress infringer, the US Court of Appeals for the…

Claim Cancelation Limits but Doesn’t Prohibit Assignor Estoppel Defense

USA - August 25 2022 On remand from the Supreme Court, the US Court of Appeals for the Federal Circuit reconsidered the boundaries of the doctrine of assignor estoppel…

Publisher’s Fair Use Defense Dries Up

USA - August 18 2022 The US Court of Appeals for the Ninth Circuit overturned a district court’s summary judgment, rejecting an accused publisher’s argument that their…

Court to Counsel: Be Frivolous at Your Own Risk

USA - July 28 2022 The US Court of Appeals for the Federal Circuit may “award just damages and single or double costs to the appellee” under the Federal Rule of…