Author Archives: Mathew Lombard
USPTO Considers Submission Limits
The U.S. Patent & Trademark Office is considering setting file size/page limits for proof of use specimens.
Posted in USPTO
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Sanofi, Boehringer to Swap Assets
Sanofi agreed to a €22.8 billion ($25.1 billion) asset swap with Germany’s Boehringer Ingelheim GmbH that purports to boost the French drugmaker’s business in selling over-the-counter drugs. Sanofi will trade its animal-health business (Merial), valued at €11.4 billion, for Boehringer’s €6.7 billion … Continue reading
Posted in Miscellaneous, Pharmaceuticals, Uncategorized
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Congresses Passes the Defend Trade Secrets Act
After being passed unanimously by the U.S. Senate, the House of Representatives voted 410-2 to approve the “Defend Trade Secrets Act” (“DTSA”). The legislation, which is supported by the Obama administration, would open the door for companies to sue in federal … Continue reading
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“Willfulness” Necessary for Disgorgement
On March 31, 2016, the Federal Circuit held that willfulness is a requirement in order to award a trademark plaintiff the infringer’s profits (disgorgement of profits). The district court reduced Romag’s damages award, holding as a matter of law that … Continue reading
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USPTO Proposes Major TTAB Changes
On April 4th, the USPTO published a Notice of Proposed Rulemaking entitled “Miscellaneous Changes to Trademark Trial and Appeal Board Rules of Practice,” Federal Register, Volume 81, No. 64, pp. 19296-19324. Some of the many proposed changes are significant. The .pdf … Continue reading
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Boston Man Sentenced for Fake VIAGRA
A Boston man, Ricky Lugo, was sentenced on March 31, 2015 for selling counterfeit versions of VIAGRA, CIALIS and LEVITRA. Lugo was sentenced to one year in prison for selling the counterfeit medications between June 2013 and March 2014 both in person and on … Continue reading
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Supreme Court to Hear PTAB Cases
The U.S. Supreme Court decided Friday to review whether the Patent Trial and Appeal Board uses the correct claim construction standard in America Invents Act reviews, delving into a contentious issue that has sharply divided the judges on the Federal … Continue reading
USPTO Sued for Harassment
On January 6, 2016, Matthew Swyers, founder of The Trademark Company, filed a lawsuit against the U.S. Patent & Trademark Office claiming that the USPTO has violated his Constitutional rights in its investigation of his practices in the filing and prosecuting … Continue reading
Posted in Litigation, Trademark Prosecution, Trademarks
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Merck to Acquire IOMet Pharma
Merck has agreed to pay up to $400 million to acquire IOmet Pharma, a Scottish company that specializes in the development of small molecule-based cancer treatments. IOmet will operate as a division of Merck. The acquisition will include IOmet’s pre-clinical pipeline … Continue reading
USPTO Outage: Update (10:00AM)
According to the most recent update from the USPTO (@ 5:55pm yesterday), the USPTO expects service to be out at least through tomorrow, 25 December 2015. From our perspective, realistically, we think this means that the systems will be unavailable through … Continue reading
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Darren Geliebter
Mathew Lombard
THE PRINCIPAL REGISTER 