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12 Nov 2021, 6:24 am by Matthew L.M. Fletcher
Bracker, 448 U.S. 136 (1980)) preempts the State of California’s regulation of intertribal cigarette sales, where an Indian tribe sells tribally manufactured cigarettes to Indian tribal buyers on their home reservations. [read post]
16 Aug 2011, 4:06 pm by Jim Singer
Court of Appeals for the Second Circuit did just that in John Wiley and Sons Inc. v. [read post]
23 Aug 2010, 9:04 pm by James Yang
After patent issuance, the patentee has enforceable rights in that he/she can sue another entity for damages and/or an injunction to stop that entity from making, using, selling, offering for sale or importing the patented invention into the United States. [read post]
27 Mar 2007, 6:25 am
Trying every trick in the book, could lead to an appellate court throwing the book right back at you.For a copy of the Appellate Term's decision, please use this link: Willis v. [read post]
2 Jul 2017, 12:52 am
 (Eli Lilly v Novopharm (2010 FCA 197)This exercise requires:Reviewing the entire specification (claims and entire disclosure)Identifying the promises made in the entire specification Determining whether the patent fulfils those promises by demonstration or sound prediction.This exercise is a question of law viewed through the skilled person at the time of filing (with the assistance of expert evidence) and has been applied in several cases (BMS v Apotex (2005 FC 1348),… [read post]
1 Jul 2017, 9:39 am
 (Eli Lilly v Novopharm (2010 FCA 197)This exercise requires:Reviewing the entire specification (claims and entire disclosure)Identifying the promises made in the entire specification Determining whether the patent fulfils those promises by demonstration or sound prediction.This exercise is a question of law viewed through the skilled person at the time of filing (with the assistance of expert evidence) and has been applied in several cases (BMS v Apotex (2005 FC 1348),… [read post]