Two Common Trademark Issues When counseling clients wanting to register trademarks, we evaluate the likelihood an application for registration of the mark will succeed and counsel the client accordingly. One of the issues that often arises in our analysis occurs when a mark is to be used in one way but, while there is no [...]
Remedies for Patent, Trademark, and Copyright Infringement Patent The remedy statute for patent infringement states, “Upon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest [...]
Please join us Monday, March 6, 2023 where we will discuss Rx patent monopoly issues and Lizzo's TM win. Specific case discussions will include: AbbVie Rx Patent Monopoly Strategy Against Biosimilars - AbbVie makes Humera for arthritis and extended its monopoly for 7 years past the 2016 expiration date of its basic patent on the [...]
Please join us on Monday, November 7, 2022 at 12:00 pm, where we will discuss the following: Sulzer Mixpac AG v. A&N Trading Co., 988 F.3d 174 (2d Cir. 2021) (decision here) - A&N petitions the Supreme Court for cert based on a final judgment and permanent injunction by the 2nd Circuit on TM [...]
Please join us on Monday, August 8, 2022 at 12:00 pm, where we will discuss the following: Novartis Pharm. Corp. v. Accord Healthcare, Inc., 38 F.4th 1013 (Fed. Cir. 2022) (rehearing decision here) - Novartis prevailed in the 5th Circuit on the validity of its claims under the Written Description Requirement based on a negative [...]
Non-fungible tokens ("NFTs") - what are they, anyhow? Technically, they are a digital asset. Again, what does that mean? On Monday, May 16, 2022, SoCal IP Law Group LLP partner Marina L. Lang will lead a discussion on defining the nature of these novel digital assets and discuss the growing litigation over whether these assets [...]
On Monday, February 14, 2022 (Happy Valentine's Day!), SoCal IP Law Group partner Jonathan Pearce will present on several patent and trademark cases involving "exceptional case" determinations. Our firm has handled a few litigation matters involving potential or actual exceptional cases recently. As a result, we have some experience in these determinations and thought them [...]
On Monday, February 7, 2022 at 1:00 pm, Marina Lang will present on recent caselaw dealing with Generic trademarks. Eleven years into a dispute, a federal court ruled that the "Pretzel Crisps" brand is a generic. See the opinion. Ms. Lang will discuss the "not so simple" legal standard that is required for a [...]
On Monday, January 31, 2022 at 1:00 pm, we will discuss the following cases. The first, from the Supreme Court, Minerva Surgical, Inc. v. Hologic, Inc., 141 S. Ct. 2298 (2021) (Justice Kagan), revisits the assignor estoppel doctrine. “That doctrine, rooted in an idea of fair dealing, limits an inventor’s ability to assign a patent to [...]
On Monday, January 10, 2022 at 1:00 pm, Jonathan Pearce will re-present a recent presentation to the Video Game Bar Association made by himself and fellow practitioner Allison Rothman. Mr. Pearce and Ms. Rothman previously made this presentation during the VGBA's annual summit to provide its members with an update on the state of intellectual property [...]