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Prior User Rights

Linda Liu & Partners

The Standards of Proof of the “Original Scope” in the Prior-Use-Right Defense

Linda Liu & Partners on

According to the relevant provisions of the Patent Law of the People's Republic of China, if the same product has been manufactured, the same method has been used, or the necessary preparations have been made for...more

Smart & Biggar

First decision under amended PMNOC Regulations: Federal Court finds Amgen’s filgrastim patent obvious

Smart & Biggar on

UPDATE: On November 3, 2020, the Federal Court of Appeal dismissed Amgen’s appeal. See our article here. On April 16, 2020, Justice Southcott of the Federal Court issued the first decision under the amended Patented...more

Dorsey & Whitney LLP

This Could Change Everything: Nike Appeals Fleet Feet Injunction on Basis of Free Speech

Dorsey & Whitney LLP on

Fleet Feet, Inc. is a national running equipment retail store chain and owner of the trademarks CHANGE EVERYTHING and RUNNING CHANGES EVERYTHING for retail sporting goods stores and athletic apparel and related goods and...more

Dorsey & Whitney LLP

Dispute Over KIVA Trademark Continues to Smolder

Dorsey & Whitney LLP on

A dispute over the trademark KIVA involving use of the mark with health food and cannabis continues to smolder in the Northern District of California. In late 2018, Kiva Health Brands (a national health food and...more

Kilpatrick

Are “Prior User Rights” Safe to Rely on to Decrease Your Company’s Patent Spend?

Kilpatrick on

The clock starts ticking for a company to decide how best to protect an invention as soon as it is developed. Two likely candidates that a company’s counsel should evaluate are: (1) patent protection; and (2) trade secret...more

Kilpatrick

6 Key Takeaways | Considerations Before Relying on AIA Prior User Rights

Kilpatrick on

The clock starts ticking for a company to decide how best to protect an invention as soon as it is developed. Two likely candidates that a company’s counsel should evaluate are: (1) patent protection and (2) trade secret...more

Smart & Biggar

Prior User Rights Under the Recently Amended Canadian Patent Act

Smart & Biggar on

The Budget Implementation Act, 2018, No. 2 brought about several changes to the Patent Act that affect the scope of protection available under Canadian patents, including revision of section 56, concerning rights of prior...more

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