Blog
Intellectual Property & Technology Blog Posts From March 2020
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Blog: New York Judge Holds Additional Clinical Trial Results Must Be Reported to Public FDA Database
Date: March 31, 2020
Title: New York Judge Holds Additional Clinical Trial Results Must Be Reported to Public FDA Database
Summary: 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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Blog: PTAB Cannot Permit Self-Joinder or Issue-Joinder and POP Statutory Constructions Receive No Deference
Date: March 25, 2020
Title: PTAB Cannot Permit Self-Joinder or Issue-Joinder and POP Statutory Constructions Receive No Deference
Summary: 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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Blog: Trademark Registrations Are No Place For Pandemic Opportunism
Date: March 23, 2020
Title: Trademark Registrations Are No Place For Pandemic Opportunism
Summary: 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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Blog: The Dominos Have Started to Fall After Landmark “Stairway to Heaven” Copyright Ruling
Date: March 20, 2020
Title: The Dominos Have Started to Fall After Landmark “Stairway to Heaven” Copyright Ruling
Summary: 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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Blog: Inequitable Conduct or Experimentation: Long Live Inequitable Conduct?
Date: March 17, 2020
Title: Inequitable Conduct or Experimentation: Long Live Inequitable Conduct?
Summary: 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. ...