Intellectual Property

Rebuttal

Competitive Generic Therapy Exclusivity Offers Benefits

A recent Law360 guest article addressing the "competitive generic therapy" designation pointed out exclusivity problems, but CGT presents a useful and potentially lucrative pathway for generic drug manufacturers, especially if they follow four tips, say attorneys with Schiff Hardin.

The Road Ahead For Music-Streaming Licenses

The U.S. Copyright Office is setting up a new licensing collective to handle the rights for digital streaming music services, which will be a great benefit to fans and creators of music, but may be difficult to implement, says Dave Davis of Copyright Clearance Center.

How District Of Del. Limits Discovery For Unaccused Products

U.S. District Judge Colm Connolly's new form scheduling order does not explain what a patentee must show to obtain discovery on unaccused products such that they might add accused instrumentalities to the case. But fortunately, that question has been considered in a number of cases in the District of Delaware, says Jeff Castellano of Shaw Keller.

Rebuttal

Jury Trials, Though In Decline, Are Well Worth Preserving

In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

A Broader View Of The US Supreme Court Bar

During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

Courts Are Filling In Justices' Design Patent Remedy Void

The U.S. Supreme Court's 2016 decision in Samsung v. Apple produced considerable consternation because it did not set a standard for calculating a design patent infringer’s profits to determine a patentee’s compensation. But the lower courts' response suggests any fear of unreasonable awards was premature, say Sterne Kessler attorney Tracy-Gene Durkin and consultant Gary Griswold.

New USPTO Guidance May Help Diagnostics Patents

While Federal Circuit decisions have created a patenting barrier for diagnostics and personalized medicine claims, the U.S. Patent and Trademark Office's revised patent subject matter eligibility guidance may allow for these patents to make a comeback, say attorneys with Morris Manning.

Trade Secret Takeaways From 9th Circ. Beer Recipe Ruling

The Ninth Circuit's recent opinion in Anheuser-Busch v. Clark — concerning AB’s beer recipe and brewing process — underscores the importance of providing the court with ample evidence of an employer’s efforts to keep its trade secrets confidential in the face of an anti-SLAPP motion, says Dan Forman of Carothers DiSante.

Answers To AI Patent Questions May Be Found In Biotech

In patenting innovations involving artificial intelligence, there is uncertainty on issues like inventorship, adequacy of disclosure, assessment of nonobviousness, and patent eligibility. The field of biotechnology once faced similar challenges, say Enrica Bruno and Brian Cash of Steinfl & Bruno.

Opinion

Jury Trials Are In Decline For Good Reason

A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.