Case Law, Litigation and Pharmaceuticals

What Recent Case Law Tells Us About the Importance of Consumer Surveys in Trademark Cases

IP Watchdog

AUGUST 31, 2021

District Court for the Southern District of Florida ruled against plaintiff Vital Pharmaceuticals, Inc.’s In each of these opinions, the court noted the absence of survey evidence (or, in the Vital Pharmaceuticals case, the inadequacy of an “almost comically flawed” survey). On August 3, 2021, the U.S. On June 7, 2021, the U.S.

Case Law

Case Law Pharmaceuticals Evidence Litigation

Please Don’t Call Me a ‘Genus’: The High Bar for Section 112 in the Unpredictable Arts as Illustrated by In re Xencor

IP Watchdog

NOVEMBER 4, 2024

The case law distinguishes between so-called “unpredictable arts” (e.g., the biological, chemical, and pharmaceutical arts) and “predictable arts” (e.g., electrical and mechanical arts) for purposes of Section 112 analysis for the very reason that one is considered “predictable” while the other, “unpredictable.”

Pharmaceuticals

Pharmaceuticals Case Law Litigation

Trial Strategy Today

What Recent Case Law Tells Us About the Importance of Consumer Surveys in Trademark Cases

Please Don’t Call Me a ‘Genus’: The High Bar for Section 112 in the Unpredictable Arts as Illustrated by In re Xencor

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