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Intellectual Property and FDA Regulatory Attorneys
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Wednesday, July 25, 2012
Slep-Tone lawsuit in Chicago appears to be subject to a Motion to Dismiss and/or Sever
The recent lawsuit filed by Slep-Tone Entertainment Corporation against numerous
karaoke DJs (“KJs”) and venues in Chicago for alleged infringement of its SOUND CHOICE trademark and related trade dress appears to be subject to a Moton to Dismiss and/or Sever
for Improper Joinder. (Case No. 12-5750 in the Northern District of Illinois.)
In addition, the Defendants
may have insurance coverage for the lawsuits. Of course, it may not always be in the Defendant's best interest
to trigger insurance coverage. This decision should be made by counsel familiar with the merits of the intellectual property
claims, as well as the insurance coverage issues. Click here for an overview of FREE DEFENSE for IP infringement lawsuits.
If you have questions, please feel free to contact Attorney Mark Wiemelt at 312-372-7664 or by email
at mark@wiemeltlaw.com.
Tuesday, July 17, 2012
Supreme Court Decision Favors Generics
On April 17, 2012, the Supreme Court, in Caraco Pharmaceutical Laboratories,
Ltd. v. Novo Nordisk A/S, confirmed that generic drug manufacturers can challenge brand-name use-code descriptions in
patent litigation.
The Supreme Court interpreted a portion of the Hatch-Waxman Act dealing with section
viii statements. In particular, it addressed use codes and carve-out drug labeling and ruled
that it does not make sense to allow patentees to block unpatented treatment methods by filing inaccurate use
codes with the FDA. "Congress meant (as it usually does) for the provision it enacted to fit within the statutory
scheme—here, by facilitating the approval of non-infringing generic drugs under section viii.”
If you
have questions, please feel free to contact Wiemelt Knechtel at 312-372-7664 or 602-910-4250 or by email at mark@wiemeltlaw.com or rknechtel@wiemeltlaw.com.
Thursday, July 12, 2012
Seventh Circuit Ruling Favors Trademark LicenseesOn July 9, 2012, the U.S. Court of Appeals for the Seventh Circuit issued its
decision in Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC, ruling in favor trademark licensees
whose licenses are rejected in bankruptcy by trademark owners. Under Sunbeam, rejection of a trademark
license by a trustee does not terminate the license rights.
The full impact of the Seventh Circuit's
Sunbeam decision is yet to be determined and many questions remain. However, because the Seventh Circuit's
opinion creates a split of authority with the Fourth Circuit's 1985 decision in Lubrizol Enterprises, Inc. v. Richmond
Metal Finishers, Inc. it may lead to a Supreme Court review. Significantly, the Seventh Circuit sided
with scholarly criticism of the Lubrizol decision and soundly rejected same, and Sunbeam is the first
court of appeals decision in 27 years to challenge Lubrizol's view of how rejection impacts an intellectual
property license. Accordingly, the Sunbeam decision has the potential to impact licensee rights in cases
across the country.
If you have questions, please feel free to contact Wiemelt Knechtel at 312-372-7664 or 602-910-4250
or by email at mark@wiemeltlaw.com or rknechtel@wiemeltlaw.com.
Monday, July 9, 2012
U.S. Patent Office Issues Prometheus Examination Guidelines
11:47 am cdt
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