Blogs

The Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act was introduced on June 22, 2023, with the aim to reform the U.S. Patent Trial and Appeal Board (PTAB).  The PREVAIL Act serves as a supplement to the proposed STRONGER Patents Act, introduced in 2019. The drafters have identified three key goals of the... Continue Reading

The food tech industry has grown rapidly in the last ten years due to innovations in the alternative animal product space and a growing customer desire for more sustainable options.[1] With this rapid growth and an increasing number of entrants to the field comes an increased likelihood of intellectual property clashes. In this article, we... Continue Reading

In Intel Corporation v. Pact XPP Schweiz AG, the Court of Appeals for the Federal Circuit (“Federal Circuit”) reversed and remanded the decision of the Patent Trial and Appeal Board (“Board”). In the decision, the Federal Circuit rejected the Board’s rigid application of the “motivation-to-combine” analysis that required an element from one reference must provide... Continue Reading

On November 17, 2023, Genentech, Hoffman-La Roche, and Biogen (collectively “plaintiffs”) filed a complaint in the federal district court for the District of New Jersey against Dr. Reddy’s Laboratories and Fresenius Kabi (collectively “defendants”) (DNJ No. 23-cv-22485). The plaintiffs allege that the defendants infringe or intend to infringe fifteen patents related to the biologic rituximab,... Continue Reading

As one BPCIA case came to a close in May[1], another got underway. On May 1, 2023, Amgen filed a complaint in the District of New Jersey, accusing Sandoz of infringing patents that relate to denosumab, the active ingredient in Amgen’s PROLIA and XGEVA. PROLIA is prescribed for a high risk of bone fracture in... Continue Reading

On Tuesday, May 23, 2023, Janssen and Amgen settled their case regarding Amgen’s proposed biosimilar to Stelara in Delaware district court.[1] Stelara, also known as ustekinumab, is an anti-IL-12/IL-23 antibody drug used to treat plaque psoriasis, psoriatic arthritis, Crohn’s disease, and ulcerative colitis. Amgen has created a biosimilar of Stelara called ABP 654, which has... Continue Reading

It is fairly standard language in privacy policies: “This privacy policy may be amended or updated from time to time, so please check back regularly for updates.”  It sends the message that the company can change its data practices and policies without ever notifying the end-user. It tells the end-user that the burden is on them... Continue Reading

On Oct. 30, President Joe Biden issued an executive order on safe, secure and trustworthy artificial intelligence.[1] The executive order provides a sprawling list of directives aimed at establishing standards for AI safety and security and protecting privacy. While the executive order acknowledges the executive branch’s lack of authority for any lawmaking or rulemaking, AI... Continue Reading

Following its many warnings of impending enforcement action against entities providing Artificial Intelligence (“AI”) products, the FTC has officially launched an investigation into OpenAI[1]. The FTC initiates its investigation on the heels of the Center for AI and Digital Policy’s July 10, 2023 supplement to its March 30, 2023 complaint, which requests that the FTC... Continue Reading

Heading into 2025, patent applicants should prepare for significant fee increases at the United States Patent and Trademark Office (USPTO). These fee increases can significantly impact patent applicant behavior, leading prudent applicants to evaluate and adjust their patent protection strategies.  Pharmaceutical and biotechnology companies in particular should plan and budget for new and drastically increased... Continue Reading

BASE Air is a company at the leading edge of safety in the heavy vehicle industry. Founded in 2005 by Matthew Vaughan in Australia, the company focuses on Balance and Safety Enhancement (BASE) for heavy-duty vehicle stability. BASE Air’s technology is a pressure-control system capable of integrating into a vehicle’s existing air suspension, or available... Continue Reading

In a long-awaited milestone in the gene therapy space, the Food and Drug Administration (FDA) approved two gene therapies to cure sickle cell disease (SCD).  Soon thereafter these approvals, a key licensing agreement was announced between Vertex and Editas for Cas9 gene editing technology. Gene therapy is a new type of treatment with the potential... Continue Reading

The Hook ’em Horns of the University of Texas earned a big win in a recent trademark opposition proceeding.  This is an interesting sports trademark case. The case, the Board of Regents of the University of Texas v. Kendall A. Beaver, was brought by UT against the owner of the following trademark application: The Applicant’s...

A trademark registration for the mark PROHEAR for audio headphones and related goods has been cancelled based on a likelihood of confusion with the mark PROTEAR for similar goods.   The trademark cancellation proceeding was filed and decided before the U.S. Trademark Trial and Appeal Board. The case, Hangzhou Zhaohu Technology Co., Ltd. v. Hangzhou Johnson...

A recent trademark opposition is a lesson in how to properly establish a likelihood of confusion for apparel goods. In Roots Corporation v. Colorful Roots LLC, the Opposer, Roots Corporation, relied on several of its trademark registrations of ROOTS and its derivatives.  The “Roots” Marks, for various apparel items and related accessories in Class 25,...

The SelectUSA Investment Summit is taking place in National Harbor, Maryland on June 23-26, 2024. SelectUSA, sponsored by the U.S. Department of Commerce, connects thousands of investors, companies, and economic development organizations (EDOs). It is the premier event for international entities that seek to do business in the USA. Topics of interest at this year’s... Continue Reading

The U.S. Small Business Administration (SBA) can help startups and emerging companies obtain innovation funding through approved private sector partners known as Small Business Investment Companies (SBIC). To determine whether your company is eligible for SBIC funding and/or to discuss an SBIC outreach strategy, contact us at fedtrade@rothwellfigg.com Small Business Investment Companies (SBICs) are licensed... Continue Reading

America’s Seed Fund provides innovation funding for startups and small businesses across technology areas and markets. To discuss U.S. federal funding opportunities and eligibility, contact us at fedtrade@rothwellfigg.com America’s Seed Fund is a startup innovation funding program of the U.S. National Science Foundation. Its purpose is to provide financial support to technology startups during the... Continue Reading