by David Eyre | Jan 22, 2024 | US & International
Background – Skinny Labelling Enacted by the Hatch–Waxman Act In 1984, the US Congress introduced a law called the Drug Price Competition and Patent Term Restoration Act, or the “Hatch–Waxman” Act after the two sponsors of the bill: Representative Henry Waxman and...
by Carolyn Haywood | Oct 10, 2023 | US & International
Background With the present appeal, Baxalta challenged the District Court’s decision to hold claims 1–4, 19, and 20 of U.S. Patent No. 7,033,590 (the ‘590 patent) invalid for lack of enablement. Independent claim 1 is representative and recites: An isolated antibody...
by Carolyn Haywood | Mar 2, 2023 | US & International
Background In August 2022, Lite-Netics, LLC ‘Lite-Netics’, who sell string lights with magnets for attaching to a surface such as a roof edge during the Christmas period, brought an infringement action against Nu Tsai Capital, LLC d/b/a Holiday Bright Lights (HBL)...
by Sean Hutchinson | Aug 9, 2022 | US & International
Background Under the Civil Code of China, “likenesses” of individuals are protected as personality rights. Specifically, no party is entitled to use an image of a person without that person’s consent. This is known as the “right to likeness” and is detailed in Article...
by Alex Bajjon | Jul 7, 2022 | US & International
Excess Claims Fees Up until now, there have been no excess claims fees in Canada and therefore minimal or no incentives for applicants to limit the number of claims in their patent applications. Under the new regime, excess claims fees will be payable for claim sets...
by Eddie Bishop | Apr 25, 2022 | US & International
Questions on the European SPC Regulation, in particular in relation to SPCs for combination products, have been raised at the CJEU many times over the years. It is therefore hoped that this newest referral may provide some much-needed clarity. Background For an SPC to...
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