Irwin IP Case Of The Week

Where’s ANDA?: A New Frontier for Hatch-Waxman Litigation

Changing the future of Hatch-Waxman litigation, the Federal Circuit held as a matter of first impression that for purposes of venue under Hatch-Waxman Act claims, acts of infringement occur where actions related to the Abbreviated New Drug Application (ANDA) submission occur. Thus, a plaintiff has only two options to file

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TTAB Catches Mayweather Looking

Floyd Mayweather, the infamously elusive twelve-time world champion boxer, caught a stiff jab from the Trademark Trial and Appeal Board (“Board” or “TTAB”)’s rejection of his “PAST PRESENT FUTURE” (“the Mark”) on grounds that it could not function as a source identifier.  The Board found that the Mark failed to

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A [Still] Splintered Opinion at the Corner of Joinder and State Immunity

Despite the splintered, three-opinion decision issued by a Federal Circuit panel in July,[1] the Federal Circuit, on October 20, denied Baylor College of Medicine’s petition for rehearing, either by the panel or en banc.  In the original decision, the Federal Circuit held that due to Eleventh Amendment sovereign immunity, the

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Gorilla Glue Back in a Sticky Trade Dress Situation

On October 20, 2020, the Eleventh Circuit resuscitated J-B Weld’s (“J-B”) action for trade dress infringement and trade dress dilution against Gorilla Glue (“Gorilla”) by reversing the lower court’s grant of Gorilla Glue’s motion for summary judgment.  The Court found that the lower court failed to discuss all of the

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Celebrity Photos, Social Media, Standing, and a Strip Club

State and federal claims brought by various models for unauthorized use of their images in advertisements by a strip club received mixed results on cross motions for summary judgment in the District of Arizona.  Plaintiffs prevailed on their state law misappropriation claim, but their state law false light claims were

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Patent Rocket Docket: Let’s move things along

Since Judge Alan Albright took the bench in the Western District of Texas in 2018, the former patent litigator’s extensive experience, as well as the rise of Austin as a tech hub, has driven patent infringement filings to that District, with 618 new patent infringement filings this year through September

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