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 formulation by method patents and generic competitor agreements. When Baltimore sued for anticompetitive behavior, the 7th Circuit approved of the strategy (see slides and BALTIMORE v. ABBVIE)
Lizzo popularized the phrase 100% THAT BITCH from a song lyric and sought to register the phrase as a TM for clothing. After the TM examiner refused the mark as being a commonly used phrase incapable of serving as a source indicator, Lizzo appealed and proved seh was all that when the TTAB reversed and gave her the mark. (see slides and In re Lizzo LLC)
Guy Cumberbatch, of counsel to SoCalIP, will lead the discussion.