What’s Next For U.S. Biosimilar Litigation

Kramer Levin Naftalis & Frankel LLP attorneys discuss the direction of biosimilar litigation from recent federal court rulings. They also look at trends in patent litigation and what to expect in 2021 and beyond.

The Biologics Price Competition and Innovation Act (BPCIA) turned 10 this year, making it a good time to look at recent litigation trends and assess what’s ahead for 2021.

U.S. biosimilar litigation continues to take shape, although most cases have resolved without a decision […]

By | December 3rd, 2020 ||

Is AI Pushing The Envelope Of IP Protection?

The number of patent applications using artificial intelligence (AI) technology filed in the U.S. doubled between 2002 and 2018. With no sign of these numbers decreasing and every expectation that they will continue to grow, the US Patent and Trademark Office (USPTO) has undertaken several initiatives to explore the boundaries of existing IP law and its suitability to address AI-based innovation.

The USPTO has twice issued requests for comments (RFCs) to obtain feedback from the […]

By | December 3rd, 2020 ||

A Fight Over Trade Dress Can Be A Mess, But A Necessary One To Protect Your Brand

I. Trade Dress May Be Better Than the Rest
Fights over trade dress are legendary, costly, and complicated, but  sometimes very necessary. The entire point of the product’s trade “dress” is to identify its source, i.e., the manufacturer, etc., in the eyes of the public. In this way, an excellent distinctive product may establish an outstanding reputation for the business.  Under the law, the subject “trade dress” must be: 1) used in commerce; 2) non-functional; […]

By | December 3rd, 2020 ||