The TTABlog

AUGUST 6, 2024

In its genericness analysis the Board relied on dictionary definitions, on third-party usage, and on Shepherd's own use of the proposed mark to refer to a type of product rather than a source. Its finding that the public used the proposed mark generically was supported by substantial evidence. In re Louisiana Fish Fry Prods.,

Advertising 72

Advertising Advertising Public Use Marketing 72

43(B)log

NOVEMBER 19, 2021

Neurelis received orphan drug designation from the FDA for its Valtoco for management of ARS in 2015. But Aquestive’s petitioning activity was protected conduct under the anti-SLAPP statute, and Neurelis didn’t show a likelihood of prevailing on the merits on that, including the malicious prosecution claim in its entirety.

Design 56

Design Designs Patent Prosecution Art 56

LexBlog IP

JULY 5, 2022

A novel design is entitled to a patent unless it is has been (1) described in a printed publication; (2) in public use; or (3) on sale more than one year prior to the date of the application of the patent. [9]. The essential elements of a design patent are that the new creation be “new, original and ornamental.”

Intellectual Property 52

Intellectual Property Design Patent Design Designs 52

Above the Fold

JULY 5, 2022

A novel design is entitled to a patent unless it is has been (1) described in a printed publication; (2) in public use; or (3) on sale more than one year prior to the date of the application of the patent. [9]. The essential elements of a design patent are that the new creation be “new, original and ornamental.” [8].

Intellectual Property 40

Intellectual Property Design Patent Design Designs 40

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

For the first time since FDA licensed the first biosimilar, Sandoz’s Zarxio ® (filgrastim-sndz), in 2015, the United States saw a decrease in annual biosimilar approvals in 2020. Figure 1, below, provides a snapshot of FDA approval and biosimilar product launch trends from 2015 through 2020. 2015; resubmitted Feb. March 6, 2015.

Litigation 52

Litigation Settlement Marketing Marketing 52