TTAB Decisions Past: Will They Come Back to Haunt You in Federal Court?
October 08, 2004
When a dispute arises between parties regarding the use and registrability of a trademark, counsel often must weigh the facts and circumstances to advise a client whether it would be best to commence an action in the PTO's Trademark Trial and Appeal Board ("TTAB") or file suit in federal court. In some cases however, counsel will find a client in the midst of a TTAB proceeding ' or worse ' after an unfavorable decision has been rendered against the client in an opposition or cancellation proceeding. In such situations, counsel must assess what preclusive effect, if any, the prior administrative decision may have in a subsequent trademark infringement action in federal district court.
Use of Dictionaries to Construe Patent Claims: Potential for Clarification from the Federal Circuit
October 08, 2004
The U.S. patent system grants patentees the right to exclude others from practicing a patented invention, which is defined by a patent's claims. As such, the patent statute requires that patent claims be clear and definite. The policy underlying this requirement is to ensure that competitors are provided with fair notice as to the scope of the claimed invention.
Newcomer's Trademark Rights Take Back Seat in Limited Area to Local Prior User
October 08, 2004
What happens when a large newcomer to a geographic region with a federal registration for its service mark encounters a smaller pre-existing business in that region with prior use of a similar mark for the same services? Enjoinable reverse infringement results, according to the U.S. Court of Appeals for the Third Circuit. <i>Citizens Financial Group, Inc. v. Citizens National Bank of Evans City,<i> Case Nos. 03-2868 and 03-3175 (3d Cir. 2004).
Online: Web Site Advocates Health Care, Prescription Drug Access
October 06, 2004
The Community Catalyst created the Prescription Access Litigation Project ("PAL") in 2001 to use class action litigation and public education to end pharmaceutical price inflation. The Community Catalyst is a national advocacy organization that encourages consumer and community participation in the molding of our health system to ensure quality, affordable health care for everyone. Visit the Web site at <i>www.communitycatalyst.org.</i>
Case Notes
October 06, 2004
Highlights of the latest product liability cases from around the country.
Today's Pharmaceutical Criminal Investigation Is Tomorrow's Product Liability Lawsuit
October 06, 2004
In today's notoriously litigious atmosphere, a spark of governmental investigation can quickly ignite into product liability litigation. The events surrounding the recent $430 million Neurontin global agreement provide a notable example.
Practice Tip: Web Site Hyperlinks as Adoptive Admissions
October 06, 2004
Companies are increasingly communicating with consumers via the Internet. With the explosion of the Internet during the last decade, the company Web site has become one of the most comprehensive and convenient locations to obtain information on a product. As the number of people using the Web has increased, company Web sites have gone from bare-bone sites of basic corporate information to becoming the starting point in any search for information on a company and its products. The swell in the use of such Web sites has increased their importance as a corporate voice and as a resource for consumers. Should a company change its Web site if a governmental or private agency issues a report that presents findings relating to one of its products and a risk of personal injury?
Discoverability of Attorney Work Product Communications Supplied to Experts
October 06, 2004
Federal courts are split on the issue of whether a party must produce all communications and materials that were supplied by the party's attorney to a testifying expert, even if these communications (oral or written) would otherwise be protected as attorney work product. This two-part article will discuss and compare the majority and minority views.
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