by John W. McGlynn As part of the Trademark Modernization Act of 2020, two new United States Patent & Trademark Office (USPTO) ex parte proceedings to cancel registered marks become available on December 18, 2021: expungement and reexamination. The new proceedings, which consider non-use of registered marks, are intended to provide faster, less expensive alternatives […]
by Rex A. Donnelly Fall is in the air, and that means the October 2021 opening session of the Supreme Court is right around the corner. Once again, the Court has an Intellectual Property case on its docket — specifically, a copyright matter. Unicolors, Inc. v. H&M Hennes & Mauritz, LP (Supreme Court Docket #20-915) […]
Philadelphia, PA | September 2021 – RatnerPrestia’s James Matthew Gould will be the lead-off speaker for intellectual property as part of the FDA/IP interplay portion of ACI’s upcoming Hatch-Waxman and BPCIA Passport to Proficiency Series, a three-week program designed to provide new lawyers and executives in the life sciences industry with a solid foundation for […]
Philadelphia, PA | September 2021 – RatnerPrestia is pleased to announce that Robert A. Esposito, PhD, J.D., will be an adjunct professor at the Temple University College of Engineering during the fall semester. He will be teaching a senior level electrical engineering course entitled “Embedded Systems”. The course and its corresponding laboratory focuses on system-on-chip […]
by Brett J. Rosen A global software company recently agreed to pay combined penalties of more than $8 million as part of a global resolution with the U.S. Department of Justice (DOJ) resulting from its export control violations. Beginning in 2010 and continuing through 2017, the software company, without an export license, either exported or […]
Philadelphia, PA | July 2021 – RatnerPrestia’s James Matthew Gould will be presenting an interactive case study in the pharmaceutical patent litigation space on July 22, 2021, at the American Conference Institute‘s upcoming 19th Advanced Summit on Life Sciences Patents. His topic will focus on allegations of patent infringement when generic companies carve out patented indications […]
by Christopher H. Blaszkowski & Shayne D. Rasay In United States v. Arthrex, Inc., 594 U.S. ___ (2021), the Supreme Court determined that the authority exercised by Administrative Patent Judges (APJs) in rendering inter partes review (IPR) decisions as members of the Patent Trial and Appeal Board (PTAB) violates the Appointments Clause of the Constitution. […]
By Jonathan H. Spadt & Andrew J. Koopman This month, the Biden administration announced its support for a waiver of intellectual property (IP) protections relating to the production of COVID-19 vaccines. Few would take issue with the purported goal of such a waiver—speeding access to these life-saving vaccines in nations still deep in the throes […]
by Jonathan H. Spadt & Christopher H. Blaszkowski On April 9, 2021, Senator Thom Tillis (R-NC), the Honorable Paul Michel, and the Honorable Andrei Iancu submitted a joint amicus brief in Samsung’s appeal of Judge Gilstrap’s anti-interference injunction. Without taking a position on the exact nature of the injunction required, the brief argued in favor […]
by Glenn E.J. Murphy Both Forbes and the New York Times report that about twenty percent of new businesses formed in 2021 will fail within their first year of existence, about thirty percent within two years, about fifty percent within five years, and about seventy percent will fail by their tenth year. But even those […]
