As widespread theft of intellectual property continues on a global scale, an increasing number of counterfeits and pirated goods produced overseas are directed to the U.S. market.  While this is not a new phenomenon, it merits continued vigilance on the part of intellectual property rights (“IPR”) holders and law enforcement agencies.

Tuesday, 27 March 2012 14:13


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The United States Supreme Court has granted certiorari in the case of AMP v. Myriad Genetics, vacated the previous Federal Circuit opinion, and remanded the case back to the Federal Circuit for reconsideration in view of its recent decision in Mayo v. Prometheus. 

The arrival of a new month has brought with it another slew of lawsuits filed by ArrivalStar S.A. and Melvino Technologies in the Southern District of Florida, asserting patent infringement against a host of business entities. 

ICANN is now accepting applications for new generic Top-Level Domains (gTLDs), which could quickly increase in number from the mere two-dozen or so existing gTLDs which presently include .com, .net, .org, and .biz.

Anti-piracy legislation in both the U.S. House (H.R. 3261, Stop Online Piracy Act, or “SOPA”) and Senate (S.968 PROTECT IP Act, or “PIPA”) has been abruptly halted following this past Wednesday’s worldwide online blackout protest involving numerous popular Internet sites, tweets, blogs, and the like (including WIKIPEDIA).  There has also been growing domestic concern over the potential extent of the federal government's reach in its effort to address rogue overseas websites.

Thursday, 05 January 2012 14:09


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Happy New Year! 

As of January 1, 2012 the World Intellectual Property Organisation (WIPO) is now permitting international PCT applicants who are interested in licensing their inventions to request that the International Bureau to make this information publicly available. 

Yesterday, the United States Supreme Court heard oral arguments in the case of Mayo Collaborative Services v. Prometheus Laboratories, Inc., in which Mayo petitioned the Court to determine whether claims of Prometheus' patent directed to optimizing dosage levels of thiopurine for the treatment of various autoimmune disorders is patent eligible subject matter under 35 U.S.C. 101.  More specifically, the claims call for "administering" a certain amount of thiopurine to a patient and "determining" from the resulting metabolite level whether or not to increase or decrease the dosage.

Wednesday, 30 November 2011 21:34


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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.