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The only contentions of error the inventor made were issues of claim construction, which he forfeited by not raising them at the appropriate time during the inter partes review proceeding (Driessen v. [read post]
4 Dec 2023, 9:10 am by Marcel Pemsel
Instead, the sole ability of the sign to individualise the goods of the IR holder in relation to those offered by its competitors is decisive. [read post]
30 Apr 2014, 10:00 pm by Courtenay Brinckerhoff
Glenmark Pharmaceuticals Inc., USA, addresses several interesting issues, but is most likely to be cited by other patent holders for its affirmance of the jury verdict that upheld the Tarka patent at issue. [read post]
7 Mar 2012, 12:25 am by John Diekman
A plaintiff has standing where it is the holder or assignee of both the subject mortgage and of the underlying note at the time the action is commenced.Student note: An assignment of a mortgage without assignment of the underlying note or bond is a nullity, and no interest is acquired by it.Case: HSBC Bank USA v. [read post]
31 Jan 2022, 6:48 am by Matthew Hersh (Wolters Kluwer)
Substantial evidence supported the Trademark Trial and Appeal Board’s finding that another company, and not the trademark holder, actually used the mark in commerce. [read post]
14 Jul 2011, 2:40 pm by Howard Knopf
The answer is $114,000 in rights-holder royalties per year plus a one-time, first-year-only administrative charge of 20% of that amount.With an estimated 30,400 students at GSU, $114,000 works out to about $3.75 per student. [read post]
11 Sep 2014, 6:08 am
., however, the FDA simply required the new drug application holder change the labels to include a "Black Box Warning. [read post]
25 Oct 2017, 5:15 am by Peter Reap
The determinations of the Board were all supported by substantial evidence (B/E Aerospace, Inc. v. [read post]
26 Sep 2022, 6:19 am by Matthew Hersh (Wolters Kluwer)
The court, reversing the injunction and ruling against the trademark holder, found that the RISE label was a weak trademark because it strongly suggested the qualities of the product it labeled and there was extensive third-party usage of the same or similar marks (RiseandShine Corp. v. [read post]
20 Jun 2011, 7:35 am
Category: Recent Decisions;Foreclosure Opinions Body: Below is today's foreclosure Appellate Court opinion: AC32124 - HSBC Bank USA, N.A. v. [read post]