Above the Fold

The increasingly scrutinized area of advertising and marketing has a wealth of legal hurdles. When creating content, advertising professionals and companies often find themselves in hot water with various regulatory agencies, such as the Federal Trade Commission. In this blog, our team of seasoned media and trademark attorneys address emerging trends and issues in this complex area.
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Animal Law Update

Fox's Animal Law Update provides up-to-date information and relevant news on a myriad of topics that affect some of our four-legged friends. Join our team of seasoned attorneys as they offer valuable insight to proposed regulatory and statutory amendments that may impact your animal-related businesses or activities.
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Delaware Intellectual Property Litigation Blog

Wilmington attorney Gregory B. Williams explores the decisions issued by the U.S. District Court of Delaware in the areas of antitrust and intellectual property law.
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IP Spotlight Blog

Intellectual property is often the lifeblood of a company. As an experienced IP and registered patent attorney, Jim Singer keeps you up-to-date with the legal and business aspects of intellectual property and other intangible assets on his IP Spotlight blog. Covering topics such as licensing, due diligence, acquisition, compliance and risk management associated with patents, trademarks, copyrights and trade secrets, IP Spotlight provides insight, commentary and tips regarding recent legislation and developments in the industry.
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Recent Blog Posts

  • Judge Andrews Construes Two Phrases in Dispute in Patent-in-Suit and Finds Dependent Claim Invalid Under 35 U.S.C. § 112 By Memorandum Opinion entered by The Honorable Richard G. Andrews in Amgen Inc. v. Hospira, Inc., Civil Action No. 15-839-RGA (D.Del., November 30, 2016), the Court issued its claim constructions for the two phrases in dispute in claims 1 and 8 of U.S. Patent No. 5,856,298 (“the ‘298 patentâ€�) and found that claim 8 of the ‘298 patent is invalid under 35 U.S.C. § 112 because it is a dependent claim that contradicts a limitation of the claim from which... More
  • It’s December 1: time to update your DMCA agent designation 14240670 – copyright If you operate a website that accepts user-generated content, it’s time to contact the Copyright Office. Many online service providers (OSPs) accept user-generated content. Examples include e-commerce websites that accept product reviews, news sites that publish user comments on posted articles, social media sites that permit users to share photos or videos, and even blogs who post comments from other users. It can be very difficult for an OSP to determine whether user-generated content was created by the user who posted it, or whether... More
  • What’s in a Name? Not a Trademark Registration, At Least Christopher P. Beall writes: Although a rose “by any other name would smell as sweet,â€� (Romeo & Juliet, Act II, sc. 2, ln 48), there just aren’t any trademark registrations to be had in a person’s name, at least not without the person’s written consent.  So the U.S. Patent and Trademark Office recently reminded a trademark applicant who had applied for a trademark registration for the mark “LOVE TRUMPS HATE,â€� in connection with clothing. Copyright: silvia / 123RF Stock Photo In an Office... More
  • Chief Judge Stark Denies Defendant’s Motion to Continue Trial and Issues Rulings on Motions in Limine in Patent Infringement Action By Memorandum Order entered by The Honorable Leonard P. Stark in Idenix Pharmaceuticals LLC, et al. v. Gilead Sciences, Inc., et al., Civil Action No. 13-1987-LPS (D.Del., November 22, 2016) (consolidated), the Court denied Defendant’s motion requesting a continuance of the scheduled December 2016 trial and issued its ruling on certain motions in limine filed by the parties. The Court also forecasted that it would allocate each side between eighteen (18) and twenty-two (22) hours for its trial presentation, with... More
  • Disparaging Trademark Dispute Heats Up Before Supreme Court The ongoing battle before the United States Supreme Court regarding the ability to register disparaging trademarks, prior details of which can be found in earlier blog posts here, here, and here, is heating up with a recent flurry of amicus brief filings. Earlier this month, the USPTO filed its opening brief in the case involving the rock band The Slants pending before the Supreme Court, urging the Court to uphold section 2(a) of the Lanham Act, the section that bans the... More
  • Ripe For Deception No More: FTC Signals Intent To Crack Down on Efficacy Claims for OTC Homeopathic Products Ever been skeptical of symptom relief claims made by medicine made of things like crushed bees or poison ivy?  It seems you are not alone–the FTC is skeptical too, and a recent FTC announcement may leave marketers scrambling to change the claims made on homeopathic drugs. Homeopathy, dating to the 1700s, is based on the theory that disease symptoms can be treated by minute doses of substances that produce similar symptoms when provided in larger doses to healthy people.  While many people believe in... More
  • After Two Day Bench Trial in ANDA Action, Judge Robinson Finds The ‘353 Patent Valid But Not Infringed by Generic By Memorandum Opinion entered by The Honorable Sue L. Robinson in Merck Sharp & Dohme Corp. v. Teva Pharmaceuticals USA, Inc., Civil Action No. 14-874-SLR (D.Del., November 16, 2016), the Court found the asserted claims of U.S. Patent No. 6,127,353 (“the ‘353 patentâ€�) are valid but that defendant does not infringe the asserted claims of the ‘353 patent with its ANDA product.[1] Specifically, the Court found in favor of plaintiff Merck and against defendant as to defendant’s asserted affirmative defenses... More
  • New Jersey Association for Biomedical Research’s 23rd Annual IACUC Conference I had the opportunity to present an “Animal Law Updateâ€� on October 21, 2016 at the New Jersey Association for Biomedical Research’s 23rd Annual IACUC Conference – the region’s premier training conference for professionals in laboratory animal research field.  Among this year’s 110 participants were key institution decision makers, Animal Care and Use Committee members, lab animal veterinarians, animal welfare compliance specialists and other lab animal research team members from the pharmaceutical industry, contract research organizations, academic research institutions, and... More
  • The Animal Welfare Act at Fifty The Animal Welfare Act (AWA) has been disemboweled by local jurisdictions around the country that have banned sales to pet shops from USDA licensees and those specifically exempted from licensure, which shops rely upon to provide healthy puppies to people choosing to purchase a specially-bred puppy with specific physical and behavioral traits best suited to that pet owner’s particular needs. Beginning around 2008, animal rights organizations began persuading lawmakers to implement decades-long campaigns to eliminate commercial dog breeding by banning sales... More
  • Support curiousSCIENCEwriters This is the time of year that nonprofit organizations hope for contributions from those who have the means and interest to support these organizations. This year, I encourage you to consider supporting curiousSCIENCEwriters. curiousSCIENCEwriters (cSw) is an innovative, independent steAm initiative that trains creative high school communicators to bring complex science to the general public through the power of story. Science and technology are advancing exponentially, yet fewer than 7% of American adults are scientifically literate. With growing medical, environmental and social issues... More
  • The Assembly Version of S63 to be Heard Monday, Nov. 14, 2016 On Monday, November 14, 2016, the Assembly Environment and Solid Waste Committee will consider the Assembly version (A2338) of Senator Lesniak’s amendments to the Pet Purchase Protection Act (S63).  The problems with these amendments were previously discussed here. Anyone interested in testifying should attend the Committee meeting at 2:00 PM Committee Room 9, 3rd Floor, State House Annex, Trenton, NJ.... More
  • Judge Sleet Issues Markman Opinion in Infringement Action Construing Seven (7) Disputed Terms in Patents-in-Suit By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Forest Laboratories, LLC, et al. v. Apotex Corp., et al., Civil Action No. 15-018-GMS (D.Del., November 8, 2016) (consolidated), the Court rendered its Markman opinion construing seven (7) disputed terms in U.S. Patent Nos. 6,417,175 (“the ‘175 patentâ€�) and 8,247,400 (“the ‘400 patentâ€�). The patents-in-suit relate to new cephem compounds useful for the treatment of bacterial infections and pharmaceutical compositions containing the compounds. A copy of the Memorandum Opinion is... More
  • Marijuana Will Soon be Legal in Half of the United States But Not Trademarkland This week eight of the nine states voting on the issue said yes to cannabis decriminalization but the USPTO continues to say no. Trademarkland takes a hard line against drugs, refusing to register any trademarks linked to cannabis. If anything, it has gotten even stricter on this issue over time. The law animating the USPTO, the federal Lanham Act, bars the registration of trademarks that are connected to “unlawfulâ€� uses. While the USPTO seemed to invite companies to apply to register these types of trademarks... More
  • NJ bill affecting veterinarians, cats, and their owners to be heard on Monday, November 14, 2016 A bill (A3899) prohibiting veterinary declawing procedures in New Jersey will be considered by the Assembly Agriculture and Natural Resources Committee on Monday, November 14, 2016. This bill would create civil and criminal liabilities for any person who shall: Perform, or cause to be performed, an onychectomy (declawing) or flexor tendonectomy procedure on a cat or other animal in violation of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). As summarized in the bill statement: This bill... More
  • Chief Judge Stark Issues Markman Opinion in Infringement Action Construing Nine (9) Disputed Terms in Patents-in-Suit By Memorandum Opinion entered by The Honorable Leonard P. Stark in United Access Technologies, LLC v. Centurytel Broadband Services, LLC, et al., Civil Action No. 11-339-LPS (D.Del., November 4, 2016) (consolidated), the Court rendered its Markman opinion construing nine (9) disputed terms in U.S. Patent Nos. 5,844,596 (“the ‘596 patentâ€�), 6,243,446 (“the ‘446 patentâ€�) and 6,542,585 (“the ‘585 patentâ€�). The patents-in-suit are directed to systems for transmitting data to residences or businesses over existing telephone wiring without interfering with telephone... More