For a number of years, patent owners have had broad discretion to bring patent infringement lawsuits in court locations, or “venues,” based on perceived strategic advantages and their own convenience. A federal district court in eastern Texas, for example, has – for several reasons – been one of the favorite venues for patent owners. Another
New Jersey
Do You Google? Court Holds “Google” Not Victim of “Genericide”
By David M. Kohane on
Posted in Trademarks
You may know that “aspirin,” the word commonly used to describe acetylsalicylic acid, was once a trademark – i.e., brand name – for the acetylsalicylic acid made by one company: Bayer. The word “aspirin” lost its trademark status because the public came to use the word to mean acetylsalicylic acid made by anyone, not just…
Federal Circuit Upholds Home Field Advantage in Generic Drug Cases
By David S. Gold & David M. Kohane on
Posted in Patents
Under United States law, the holder of a patent on a brand-name, FDA-approved drug can bring suit for patent infringement against a generic drug manufacturer even before the generic manufacturer brings the drug to market. That right to sue is triggered by the generic manufacturer’s filing of the short-cut application to the FDA to sell…