Biotech industry seeing more diverse IP lawsuits; FDA safe harbor, Lanham Act and ANDA applications are the subjects of a new litigation wave
Article Abstract:
Litigation has increased among competitors in the pharmaceutical and medical device industries, and patent litigation on a global scale, especially suits involving rights to potentially very popular drugs, is becoming more common. Along with traditional patent infringement suits and interference proceedings, trends in related areas include suits defining the rights of related parties under the FDA safe harbor provision of the Patent Act, in relation to the filing of an Abbreviated New Drug Application, and in regard to Lanham Act claims.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Big future for nontraditional marks; in the information age, unusual trademarks are more valuable, yet more likely to infringe
Article Abstract:
Nontraditional trademarks are growing more common in the Information Age but they are also used or referenced in unconventional places such as hyperlinks, domain names and Web sites. Due diligence in a trademark clearance must be more exhaustive in view of the vast number of potential sources. A logical hierarchy of search protocols is necessary. An umbrella brand for an entire line would require a more extensive clearance than a tag line for a brief seasonal promotion.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Comment about this article or add new information about this topic:
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