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NOVEMBER 7, 2017
 
 
 
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Intellectual Property Legal News
In house attorneys looking for a better way to organize, vet and easily retrieve legal news created the National Law Review on-line edition.

Around the clock, the National Law Review's editors screen and classify breaking news and analysis authored by recognized legal professionals and our own journalists.

There is no log in to access the database and new articles are added hourly.​
 
 
 
 
Did you know McDonald’s used to have pizza on the menu? Complete with kicked-over golden arches forming the z’s in the word “pizza” to really seal the trademark deal.
Unfortunately, the hot little pie took eleven minutes to make—an eternity in McDonald’s time—so it was nixed from the menu. But, what do you think would happen if you went to a McDonald’s today, ordered a Big Mac meal and asked them to “Supersize it?” While your receipt may no longer say “Supersize” on it, as McDonald’s removed that particular menu option several years back, it’s likely the person at the drive-through will know you want the largest size possible for your coke and fries. Why? Because the “Supersize” mark is still arguably recognized and used in the industry. This leads us to wonder: Can an un-used trademark expire?  More Details on Tired Trademarks  Here >
 
 
 
From gadgets to apparel, retro is all the rage these days. What does this mean for your consumer product patent portfolio?  The obvious strategy is to consistently file design applications covering your product releases, so you’re always covered. But what about products that didn’t have the design interest or IP budget at the time of release, but that are now popular and being knocked off? One strategy is to mine your pending US utility portfolio for the design. A US design application can be filed as a continuation of a utility application. So long as the design is fully supported in an old pending utility application, you should be able to turn that into a viable design application.  Read More on "Retro" Designs Here>
 
 
 
The US Court of Appeals for the Federal Circuit affirmed a California district court decision denying a trade secret defendant’s motion to compel arbitration based on a prior employment agreement between the plaintiff and an employee of the defendant, and rejected the arguments of a former director of the defendant that a third-party confidential report is protected from discovery solely because it may incriminate him. Waymo LLC v. Uber Technologies, Inc., Ottomotto LLC, Otto Trucking LLC, Case Nos. 17-2235; -2253; -2130 (Fed. Cir., Sept. 13, 2017) (Newman, J).   More on Uber Trade Secrets Here >
 
 
 
The cases show that—even given a recent US Supreme Court interpretation of the statute—uncertainty still exists about complying with the “patent dance" information exchange requirements under the Biologics Price Competition and Innovation Act.  On September 14, the US Food and Drug Administration (FDA) approved Amgen Inc. and Allergan plc’s MVASI® (bevacizumab-awwb)—a biosimilar to Genentech Inc.’s Avastin®—for use in the treatment of five types of cancer. MVASI® is the first FDA-approved anticancer biosimilar and also the first bevacizumab biosimilar..  Read More on Amgen Biosimilar Here >
 
 
 
The cases show that—even given a recent US Supreme Court interpretation of the statute—uncertainty still exists about complying with the “patent dance" information exchange requirements under the Biologics Price Competition and Innovation Act.  On September 14, the US Food and Drug Administration (FDA) approved Amgen Inc. and Allergan plc’s MVASI® (bevacizumab-awwb)—a biosimilar to Genentech Inc.’s Avastin®—for use in the treatment of five types of cancer. MVASI® is the first FDA-approved anticancer biosimilar and also the first bevacizumab biosimilar..  Read More on Amgen Biosimilar Here >
 
 
 
 
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