Courts do not see eye to eye on scope of protection for product design after the patent expires

Article Abstract:

Rulings on rights to copy inventions which have been patented after a utility patent expires are generally in accord but differ somewhat in details of handling the conflict between the federal right to copy inventions which have been patented and trade dress protection for patent shapes. The US Supreme Court may eventually have to clarify this conflict. Meanwhile, the federal right can supersede otherwise valid trade dress rights and may, at a minimum, affect the scope of patent protection parties seek for product designs which might become the subject of future claims for trade dress rights.

Trademarks

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Authorities conflict on whether the Uruguay Round has created an additional patent extension period for pioneer drugs covered by the Hatch-Waxman Act

Article Abstract:

Federal courts and the Food and Drug Administration disagree over the effect of the Uruguay Round Agreements Act on the patent period for drugs, modified by the Drug Price Competition and Patent Term Restoration Act. Also called the Hatch-Waxman Act, this created an Abbreviated New Drug Application procedure whose use depends on the expiration date of a drug patent. The URAA extends these patents, creating confusion over when a generic-drug maker may compete. Rulings in DuPont v Bristol-Meyers Squibb are reviewed.

Drugs, Prices and rates

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'Bayer' highlights debate on research method use; patent won't cover fruit of offshore research not made with the method

Article Abstract:

The laws covering the licensing regimes for research method patents are discussed. Bayer A.G. v. Housey Pharmaceuticals, Inc. covers this issue. Other case law on the issue is also discussed.

United States, Research

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