43(B)log

NOVEMBER 19, 2021

Neurelis received orphan drug designation from the FDA for its Valtoco for management of ARS in 2015. It then received fast strack designation, which allowed it priority review, and filed an NDA for Valtoco in 2018; this was pending at the time of the operative complaint. But the citizen petition wasn’t excepted commercial speech.

Designs 56

Designs Design Patent Prosecution Art 56

IPilogue

FEBRUARY 8, 2022

An unregistered trademark can be identified using the symbol. This is optional but it puts the public on notice that you are intending that word, phrase, or design to function as a trademark. For example, escalator used to be a trademark, but is now generically used to identify all types of moving staircases.

Trademark 105

Trademark Registration Registering Trademarks Brands 105

Biswajit Sarkar Copyright Blog

JULY 19, 2022

There’s a significant probability that someone already owns the rights to the content even if you cannot locate an explicit declaration stating that it is intended for public use. It would be preferable to obtain written authorization from the copyright owners before using the original content. Document your own work.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. Market uptake of biosimilars has generally trended upwards in 2020.

Litigation 52

Litigation Settlement Marketing Marketing 52

43(B)log

FEBRUARY 19, 2022

Gripers and Political Critics Cases involving criticism of ordinary commercial actors provide a fascinating contrast to both noncommercial speech sold in the market and to political and religious conflicts. We don’t want it to be based on intent—McDonald’s can intend art. Lemley: Hard to separate artists from art. What do we do with that?

Trademark Law 72

Trademark Law Trademark Art Brands 72

The IPKat

AUGUST 25, 2023

This story highlights the need to bridge the knowledge gaps that data scientists and lawyers have with each other’s work and shows how multi-disciplinary dialogue between the two fields may result in the design of better AI systems. There are debates around the extent to which this practice could lead to ‘ AI data laundering ’.

Social Media 40

Social Media Law Journalism Copyright 40

43(B)log

JANUARY 31, 2025

Design search codes: 3 level taxonomy of 29 top level categories such as human beings, foodstuff, supernatural and other beings, and furniture; 157 second level categories, such as trees/bushes, cutlery, and bells; 1400 third-level categories, such as Dutch women. (I a carpet design code for carpets). Applicant behavior?

Brands 52

Brands Branding Branding Designs 52