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15 Apr 2024, 6:00 pm by Josh Blackman
The article begins with this opening line:  "The US Justice Department's choice of New Jersey to file its landmark antitrust lawsuit against Apple Inc. was likely motivated by driving any future appeals to a circuit court relatively open to cracking down on monopoly power. [read post]
14 Apr 2024, 9:19 pm by Patent Docs
Teva Pharmaceuticals USA, Inc. the Federal Circuit reminds us that most verities in patent law are not eternal and frequently subject to case-by-case interpretation, in this case the purported verity being that reciting the indefinite article ("a") in a patent claim is construed to mean "one or more. [read post]
14 Apr 2024, 1:05 pm by Peter S. Lubin and Patrick Austermuehle
See also Assured Partners, Inc., 2015 IL App (1st) 141863 at ¶ 42 (refusing to blue pencil overbroad non-solicitation clause and holding that “[w]e decline to rescue a drafter from the risks of crafting a restrictive covenant that is patently overbroad”); Arcor, Inc. v. [read post]
4 Apr 2024, 6:00 am by Laura Winston, Esq.
A trademark registration, which can be obtained if a business uses a trademark in more than one state, provides nationwide rights and protections against later users. [read post]
3 Apr 2024, 1:07 pm by Bevin Newman
The Federal Trade Commission (“FTC”) has filed an amicus brief in Teva Branded Pharmaceuticals Products R&D, Inc. v. [read post]
3 Apr 2024, 9:13 am by Dennis Crouch
Citations: [1] https://patentlyo.com/patent/2023/12/motion-remand-xencor.html [2] https://patentlyo.com/patent/2024/01/important-antibody-description.html [3] https://cafc.uscourts.gov/01-23-2024-23-2048-in-re-xencor-inc-order-23-2048-order-1-23-2024_2257719/ [read post]
28 Mar 2024, 11:00 am by Emily Theriault
In Global Patent Solutions, LLC,[5] the GAO sustained a protest challenging the award of an indefinite-delivery, indefinite quantity contract by the Department of Commerce, United States Patent and Trademark Office (“USPTO”) for professional services to assist the USPTO in reviewing international patent applications. [read post]