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Venue in Hatch-Waxman cases tied to acts of ANDA submission

USA - November 5 2020 Venue in Hatch-Waxman cases is proper only in districts where actions related to the Abbreviated New Drug Application (“ANDA”) submission occur. Mylan...

Lexmark framework to determine eligibility to bring statutory causes of actions applies to trademark cancellation proceedings

USA - October 27 2020 Whether a party has satisfied the requirements to bring a petition for trademark cancellation under 15 U.S.C. 1064 is determined under the...

Cassie Gourash.

Federal Circuit Has Jurisdiction to Review Joinder Decisions in IPRs

USA - September 8 2020 The Federal Circuit has jurisdiction to review challenges to the Board's joinder decision in an instituted IPR. An IPR petitioner may not join itself...

Paul Stewart, Lindsay Laddaran.

Eleventh Amendment Protects States From Involuntary Joinder in Patent Suits

USA - July 27 2020 Gensetix is an exclusive licensee of a patent owned by the University of Texas (“UT”). Gensetix filed a patent suit against Baylor. UT refused to...

Paul Stewart, Derk A. Westermeyer.

A Mark Styled "Generic.Com" May Be Trademark Eligible

USA - July 1 2020 Summary: A term styled "generic.com" is not necessarily generic and can be eligible for federal trademark protection if consumers view the mark as...

Paul Stewart, Lindsay Laddaran.