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CAFC Affirms Patent-in-Suit Unenforceable by Drawing an Adverse Inference of Intent to Deceive the USPTO During its Procurement

CAFC Affirms Patent-in-Suit Unenforceable by Drawing an Adverse Inference of Intent to Deceive the USPTO During its Procurement On July 27, 2017, in a panel decision, the Court of Appeals for the Federal Circuit (CAFC) affirmed the district court’s ruling below (Southern District of New York) that Regeneron’s US Patent No. 8,502,018 is unenforceable due…

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U.S. Supreme Court Rules Anti-disparagement Clause of Lanham Act Violates Free Speech Clause of the First Amendment

U.S. Supreme Court Rules Anti-disparagement Clause of Lanham Act Violates Free Speech Clause of the First Amendment On June 19 , 2017, the U.S. Supreme Court in Matal v. Tam, 137 S. Ct. 1744, ruled the anti-disparagement clause under section 2(a) of the Lanham Act violates the Free Speech Clause of the First Amendment and is therefore invalid, affirming…

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