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.XXX DOMAIN: NEXT STAGE – RESERVING YOUR BRAND NAME/ TRADEMARK

Although the sunrise period has passed for brand owners from outside the adult entertainment industry to pay a one-time fee to block the registration of “.xxx” domain names matching their federally registered trademarks, many companies are now considering whether to directly purchase their .xxx domain name, and perhaps variations thereof, for “defensive” purposes. 

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FEDERAL CIRCUIT REJECTS “CAPABILITY” ARGUMENT

In a precedential opinion issued this past Friday, the United States Court of Appeals for the Federal Circuit rejected arguments that an accused device merely needs to be “capable” of being configured or programmed to perform a claimed function in order for patent infringement to occur.

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PASSING OF THE LIPITOR PATENT

Today, a U.S. patent covering the cholesterol drug Lipitor® expires. During the life of the patent, Pfizer, which owns the ground-breaking drug and the patents thereto, could prevent others, namely generic drug makers, from offering or selling drugs in the U.S. that fall within the protected claims of the patent. As of today, with the expiration of the patent, Pfizer’s exclusivity for this particular patented drug formulation ends, opening the arena for generic competitors to enter the marketplace.

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