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Documents on Intellectual Property, Tobacco
 

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HTMLThe America Invents Act: The Big Lesson Learned in the First Year
Michael A. Mann; Nexsen Pruet, LLC;
Legal Alert/Article
February 1, 2013, previously published on January 2013
Since the Smith-Leahy America Invents Act (AIA) was signed into law on September 16, 2011, a handful of court decisions have turned on provisions of the act. While the full significance of this legislation on patent jurisprudence is far from manifest, one provision of the new law is having a...

 

Adobe PDFImperial Tobacco Canada Smokes Marlboros
Brian W. Gray, Adam Haller; Norton Rose Canada LLP;
Legal Alert/Article
August 9, 2012, previously published on August 2012
The recent decision by the Federal Court of Appeal in a trade-mark dispute between Imperial Tobacco Canada Limited (“ITL”) and Philip Morris Products S.A. (“PM”) raises complicated legal issues regarding trade-mark infringement and the defences thereto arising from a unique...

 

HTMLUK Appeal Tribunal Overturns Landmark Competition Decision
Becket McGrath; Edwards Wildman Palmer LLP;
Legal Alert/Article
December 15, 2011, previously published on December 13, 2011
On 12 December, the UK Competition Appeal Tribunal ('CAT') confirmed that it would allow all appeals against a decision of the Office of Fair Trading ('OFT') concerning pricing arrangements for the retail sale of tobacco products. This judgment follows the effective collapse of the OFT's case...

 

HTMLALJ Gildea Denies Motion in Limine to Preclude Doctrine of Equivalents Argument in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers (337-Ta-756)
Lisa M. Mandrusiak, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
November 23, 2011, previously published on November 18, 2011
On November 16, 2011, ALJ E. James Gildea issued the public version of Order No. 27 (dated October 28, 2011) in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers and Products Containing Same (Inv. No. 337-TA-756).

 

HTMLTherasense: Federal Circuit Changes Materiality Standard in Attempt to Cure "Plague" of Inequitable Conduct Cases
James Moore Bollinger, Daniel A. Ladow, Jeffrey C. Morgan, Douglas "Doug" D. Salyers, Trenton A. Ward, Dustin B. Weeks; Troutman Sanders LLP;
Legal Alert/Article
June 2, 2011, previously published on May 31, 2011
To prove that an applicant for a patent committed inequitable conduct in obtaining its patent, a party making that charge must prove, by clear and convincing evidence, both: (1) the materiality of the withheld prior art reference, and (2) that the applicant withheld the prior art with an intent to...

 

HTMLFDA Final Rule Outlaws Certain Brand Names
Bryan M. Haynes, Nancyellen Keane; Troutman Sanders LLP;
Legal Alert/Article
April 16, 2010, previously published on March 23, 2010
Your brand that you worked to protect may be in jeopardy. Under the final rule issued by FDA March 19, 2010, manufacturers may not use a brand name of a nontobacco product as the brand name for a cigarette or smokeless tobacco product unless the brand name was being used by both the tobacco...

 

HTMLCounsel to Counsel Magazine -- September/October 2009 Complete Issue

Counsel to Counsel Article
November 10, 2009
"The traditional model is, you have a matter and you either do it yourself or you hand it over," Mark Sifferlen, a senior in-house counsel at Cummins Inc., tells us in one of this issue's Profiles in Partnership. "That's just how a lot of law firms work."

 

HTMLITC Denies Request for Reconsideration in Certain Cigarettes (337-TA-643)
Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
October 30, 2009, previously published on October 29, 2009
On October 28, 2009, the United States International Trade Commission issued an Order denying a petition for reconsideration filed by Respondent Alcesia SRL ("Alcesia") in Certain Cigarettes and Packaging Thereof (Inv. No. 337-TA-643).

 

HTMLITC Issues Public Version of Its Opinion in Certain Cigarettes (337-TA-643)
Eric W. Schweibenz, Lindsay Kile; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
October 12, 2009, previously published on October 6, 2009
Further to our September 22 post, on October 1, 2009, the International Trade Commission issued a public version of its opinion in Certain Cigarettes and Packaging Thereof (Inv. No. 337-TA-643).

 

HTMLITC Issues Final Determination and General Exclusion Order in Certain Cigarettes (337-TA-643)
Eric W. Schweibenz, Lindsay Kile; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
September 23, 2009, previously published on September 22, 2009
On September 21, 2009, the United States International Trade Commission issued a Notice of Commission Final Determination of Violation of Section 337 in Certain Cigarettes and Packaging Thereof (Inv. No. 337-TA-643). In the notice, the Commission affirmed the ALJ's Initial Determination...

 


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