New Fast-Track Patent Program

The Bayh-Dole Act (1980) was intended to give government contractors incentive to commercialize government-funded inventions by permitting the contractor to retain title, so long as...

The Perils of Appeal: Chippendales Denied Trademark Registration

The Chippendales company obtained a trademark registration in 2003 for its “Cuffs & Collar” apparel that had been worn by the male dancers since 1979....

U.S. Supreme Court Splits on Application of Copyright Act’s First Sale Doctrine to Gray-Market Goods, Ninth Circuit’s Decision In Favor of Copyright Owners Upheld

On December 13, 2010, an equally divided U.S. Supreme Court upheld the Ninth Circuit’s decision in Omega S.A. v. Costco Wholesale Corporation, without an opinion....

A New Route to Obtaining a Fast Office Action

The United States Patent and Trademark Office (USPTO) is providing a temporary program under which an application will be advanced out of turn for examination,...

Proposed Modifications to Rules Governing Appeals Before the Board of Patent Appeals and Interferences Would Bring New Challenges to Appellants

On November 15, 2010, the United States Patent and Trademark Office (USPTO) issued a Notice of Proposed Rule Making and request for comments, proposing modifications...

Biosimilars Regulations Being Developed in Both Europe and the United States

The European Medicines Agency (EMA) issued draft guidelines for “similar biological medicinal products containing monoclonal antibodies” on November 26, 2010, requesting public comment by May...

Drug Developers’ Statements Not Available as Evidence of Obviousness

The U.S. Court of Appeals for the Federal Circuit (CAFC) in Eli Lilly & Co. v. Teva Pharmaceuticals USA, Inc.(Fed. Cir. 2010) affirmed a permanent...

Daiichi Sankyo v. Matrix, Mylan

The U.S. Court of Appeals for the Federal Circuit (CAFC) in Eli Lilly & Co. v. Teva Pharmaceuticals USA, Inc.(Fed. Cir. 2010) affirmed a permanent...
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