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Results:1-10 of 35

The viability of the preemption defense for generic manufacturers: going, going, gone?
  • Sills Cummis & Gross PC
  • USA
  • December 8 2009

In the wake of Wyeth v. Levine, ___ U.S. ___, 129 S. Ct. 1187, 173 L. Ed.2d 51 (2009), there has been a new focus on the viability of the preemption defense for manufacturers of generic pharmaceuticals.


FDA proceeding takes precedence over Lanham Act on issue of drug labeling
  • McDermott Will & Emery
  • USA
  • November 30 2009

In an extensive discussion of the interplay between Food and Drug Administration (FDA) procedures and the Lanham Act by Judge Posner, the U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s dismissal, without prejudice, of a Lanham Act claim for false advertising, in part, because the plaintiff “jumped the gun by suing before the FDA addressed the misbranding issue.”


U.S. trademark applicants may now have more to prove
  • Drinker Biddle & Reath LLP
  • USA
  • September 3 2009

Documentary proof of bona fide intent to use a mark is now being required by the Trademark Trial and Appeal Board.


Patent term extension denied for patent on synergistic combination drug
  • McDermott Will & Emery
  • USA
  • August 31 2008

The U.S. Patent and Trademark Office (USPTO) has now determined that Astra Zeneca’s patent, which claims the combination drug product Symbicort, is ineligible for patent term extension (PTE).




Kayla E. Page
  • Sheppard Mullin Richter & Hampton LLP

Brian J. Malkin
  • McGuireWoods LLP