A district court in New York has ruled that drug and clinical trial sponsors cannot avoid their obligation to submit “basic results” about the outcome of trials for approved products between September 27, 2007, when a statute requiring publication of this information on ClinicalTrials.gov went into effect, and January 18, 2017, when regulations finally went into effect to implement the statute.
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New York Judge Holds Additional Clinical Trial Results Must Be Reported to Public FDA Database Posted on: March 31, 2020 In: Intellectual Property & Technology
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PTAB Cannot Permit Self-Joinder or Issue-Joinder and POP Statutory Constructions Receive No Deference Posted on: March 25, 2020 In: Intellectual Property & Technology
The Federal Circuit ruled the Patent Trial and Appeals Board (PTAB) cannot permit a party to join itself as a party to its own existing inter partes review (IPR) petition and cannot permit adding new time-barred issues to an old petition by joinder.
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Trademark Registrations Are No Place For Pandemic Opportunism Posted on: March 23, 2020 In: COVID-19 Response
Major cultural and world events, along with even goofy tweets, often give rise to a run on the trademark office by those hoping to strike it rich through being the first to monopolize a phrase. No one ever gets rich from this tactic and these antics only illustrate the profound misunderstanding most of the populace has about what a trademark is.
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The Dominos Have Started to Fall After Landmark “Stairway to Heaven” Copyright Ruling Posted on: March 20, 2020 In: Intellectual Property & Technology
One of the biggest rulings in music copyright law was recently issued by an en banc panel of the Ninth Circuit Court of Appeals and its impact has already been felt in another high-profile case. The decision in Skidmore v. Led Zeppelin (Ninth Circuit No. 16-56057, Issued March 9, 2020) marked what will certainly be seen by copyright scholars as a watershed moment.
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Inequitable Conduct or Experimentation: Long Live Inequitable Conduct? Posted on: March 17, 2020 In: Intellectual Property & Technology
The Federal Circuit recently found a litigant guilty of inequitable conduct in circumstances that should give pause to inventors who want to share their ideas for the purpose of experimentation before making a patent application.
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