Patent and Trademark Office (USPTO) and WIPO announced that the two IP agencies have agreed to collaborate on efforts to improve efficiency in resolving private company disputes related to standard-essential patents (SEPs) by leveraging existing resources at both the USPTO and at WIPO’s Arbitration and Mediation Center. USPTO, WIPO to Pool Resources for Efficient SEP Dispute Resolution – On Wednesday, July 20, the U.S. The Third Circuit agreed that Perrigo’s antitrust claim accrued when Abbott and AbbVie filed litigation under the Hatch-Waxman Act in response to Perrigo’s hybrid New Drug Application (NDA) for generic AndroGel 1%, and the antitrust claim was thus barred by release provisions included in a 2012 settlement that terminated the Hatch-Waxman litigation between the parties. in which the appellate court affirmed a district court’s judgment on the pleadings dismissing antitrust claims filed by Perrigo, which manufactures a generic version of the hypogonadism treatment AndroGel 1%. Court of Appeals for the Third Circuit issued a ruling in Perrigo Co. Third Circuit Rules That ANDA Lawsuit Over Generic AndroGel Was Not Sham Litigation – On Thursday, July 21, the U.S. Kutrubes in which the appellate court affirmed various monetary damages awards under the Lanham Act and the Colorado Uniform Trade Secrets Act, finding that the district court’s record established that Kutrubes and his company Peak Serum, which he formed in 2014 after nearly a decade of working at Atlas and serving on Atlas’ board of directors, had misappropriated confidential information related to Atlas’ customer base and selling fetal bovine serum mislabelled with Atlas’ branding. Court of Appeals for the Tenth Circuit issued a decision in Atlas Biologicals, Inc. Tenth Circuit Affirms $2.35 Million Verdict in Bovine Serum Business Misappropriation Case – On Thursday, July 21, the U.S. On the same day, the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet held a hearing to explore the findings of the GAO report during which former APJs discussed issues with the management culture of the PTAB that discourages dissenting opinions and did not properly enforce prohibitions against ex parte communications. Patent and Trademark Office (USPTO) oversight practices have affected judicial independence, and that awareness of management’s involvement with decisions varied among company and other stakeholder respondents. Among the report’s key findings include 75 percent of respondent APJs reporting that U.S.
PERIPHERIAM CIRCULI TRIAL
Government Accountability Office (GAO) issued a report on oversight of judicial decision-making at the Patent Trial and Appeal Board (PTAB) and the independence of administrative patent judges (APJs) at the PTAB. House IP Subcommittee Looks at PTAB Judicial Independence Issues From GAO Report – On Thursday, July 21, the U.S. Public comments from interested persons will now be accepted by ACUS through August 26, and the ACUS study is being assisted by Duke Law Professor Arti Rai, Marquette Law Professor Kali Murray and University of Texas Law Professor Melissa Wasserman.
BitesĪCUS Extends Comment Period for Small Claims Patent Court Study to August 26 – Recently, the Administrative Conference of the United States (ACUS) issued a notice in the Federal Register extending the public comment period for the agency’s feasibility study regarding the creation of a small claims court to handle patent infringement small claims, including suggestions from the public regarding the potential structure of such a court.
PERIPHERIAM CIRCULI SERIAL
This week in Other Barks & Bites: the Senate approves a motion to advance a beefed-up version of the Creating Helpful Incentives to Produce Semiconductors Act the Tenth Circuit affirms a $2.35 million judgment in a case involving trade secret and false association claims in the bovine serum industry Senator Roger Wicker (R-MS) questions the business ties between President Biden’s nominee for OSTP Director and former Google CEO Eric Schmidt the Copyright Office liberalizes the requirements for filing deposit copies to register single issues of serial publications the Administrative Conference of the United States extends the public comment period on the agency’s small claims patent court study the Third Circuit rules that Hatch-Waxman litigation filed by AbbVie and Abbott cannot support antitrust claims by generic drugmaker Perrigo and makes a major push into virtual healthcare with a $3.9 billion acquisition of One Medical.
Bite (noun): more meaty news to sink your teeth into.īark (noun): peripheral noise worth your attention.
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