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Venable LLP | USA | 27 Sep 2021
The firm Hedgeye Risk Management LLC was recently granted an injunction against former managing director Darius Dale for stealing the investment research house's financial models before resigning to start his own competing business. Federal Judge Andrew L Carter Jr found that the firm had "established a likelihood of success on the merits" regarding its claims against Dale for......
Venable LLP | USA | 12 Jul 2021
Assignor estoppel is a common law doctrine that prevents the assignor of a patent from challenging the validity of the assigned patent in district court litigation. The Supreme Court recently upheld the doctrine but limited its application to situations in which the invalidity challenge contradicts an explicit or implicit representation that the assignor made in assigning the patent.
Venable LLP | USA | 5 Jul 2021
The Supreme Court recently held that the authority wielded by administrative patent judges in inter partes review proceedings violates the Appointments Clause of the Constitution. The Supreme Court remedied that constitutional violation by permitting the director of the Patent and Trademark Office to directly review inter partes review decisions.
Venable LLP | 28 Jun 2021
Amendments to 42 US Code Section 262(k) of the Biologics Price Competition and Innovation Act will make publication of the Food and Drug Administration (FDA) "Purple Book" mandatory, and will require that it include additional information (including patent lists provided by a reference product sponsor to a biosimilar applicant) and that the FDA update it every 30 days.
Venable LLP | USA | 3 May 2021
'Assignor estoppel' is a common law doctrine that prevents, in district court patent litigation, an assignor of a patent from challenging the validity of the assigned patent as a defence to infringement allegations. The Supreme Court recently heard oral argument in a case that could limit or eliminate the doctrine of assignor estoppel and reduce the disparity between the ability of assignors......
Venable LLP | USA | 26 Apr 2021
The United States Patent and Trademark Office (USPTO) recently discontinued its fraudulent specimen pilot reporting programme, which enabled the public to report fraudulent specimens via a dedicated USPTO-monitored email address. Instead, trademark owners can now report fraudulent specimens to the USPTO by submitting a traditional letter of protest.
Venable LLP | USA | 19 Apr 2021
After 10 years of litigation, the Supreme Court has put an end to the copyright case of the century, Google v Oracle, ruling that Google's use of Oracle's application programming interface Java code in the development of its Android operating system is a fair use as a matter of law. In the doctrine-expanding six-to-two opinion, the court found that all four fair use factors weighed in......
Venable LLP | USA | 12 Apr 2021
Trademark holders often face the dilemma of whether and how to respond when their marks are used for comic effect, particularly when the humour is at their expense for another's commercial gain. Instinctively, trademark holders want to protect their marks, often with an aggressive legal response. However, that approach is not always wise and is now less likely to succeed, at least in one......
Venable LLP | USA | 15 Mar 2021
The Supreme Court recently heard oral arguments in a case that addresses whether administrative patent judges (APJs) – who preside over inter partes reviews at the United States Patent and Trademark Office – are unconstitutionally appointed principal officers and, if so, whether that constitutional violation can be cured by severing 'for cause' employment protections for APJs.
Venable LLP | USA | 8 Mar 2021
Chief Judge Stark of the US District Court for the District of Delaware recently ruled in favour of Novartis Pharmaceuticals Corporation against the generic defendants Torrent Pharma Inc and Torrent Pharmaceuticals. Stark denied Torrent's motion for judgment on the pleadings of non-infringement of US Patents 8,877,938 and 9,388,134, which cover Novartis's Entresto product and its approved use.