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Fitzpatrick, Cella, Harper & Scinto

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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

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

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'

Acquired distinctiveness trumps likelihood of confusion in TTAB decision

USA - October 24 2016 The Trademark Trial and Appeal Board (TTAB) recently concluded a nine-year trademark battle between opponent Mini Melts, Inc and applicant Reckitt

Supreme Court - Lanham Act disparagement clause unconstitutional

USA - July 17 2017 On June 19 2017 the Supreme Court held that the Lanham Act's disparagement clause is unconstitutional under the First Amendment's free speech clause

Federal Circuit Holds That Memory System Patent Is Directed To Patent-Eligible “Improvement To Computer Functionality”

USA - August 15 2017 On August 15, 2017, the Federal Circuit, in a 2-1 decision in Visual Memory LLC v. NVIDIA Corporation, Appeal No. 16-2254, reversed a district court's

Supreme Court - Lanham Act disparagement clause unconstitutional

USA - July 17 2017 On June 19 2017 the Supreme Court held that the Lanham Act's disparagement clause is unconstitutional under the First Amendment's free speech clause

Biosimilar makers can give notice of commercial marketing before FDA licensure

USA - July 3 2017 In its June 12 2017 decision authored by Justice Clarence Thomas, the Supreme Court in Sandoz v Amgen ruled that, under the Biologics Price

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'