Amit Kumar Saha, PhD

Royal Play Penalty: No Standing in the End (Zone)
By Amit Kumar Saha, PhD on Apr 24, 2025
Posted In Trademarks
The US Court of Appeals for the Federal Circuit dismissed an appeal from the Trademark Trial & Appeal Board, finding that the appellant lacked standing because it failed to allege any actual and particularized injury. Michael J. Messier v. New Orleans Louisiana Saints, LLC, Case No. 24-2271 (Fed. Cir. Apr. 14, 2025) (per curiam) (Moore,...
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No Bull: Historically Generic Term Can Become Non-Generic
By Amit Kumar Saha, PhD on Mar 20, 2025
Posted In Trademarks
The US Court of Appeals for the Federal Circuit affirmed Trademark Trial & Appeal Board rulings, finding that a previously generic term was not generic at the time registration was sought because at that time the mark, as used in connection with the goods for which registration was sought, had achieved secondary meaning. Bullshine Distillery...
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Transparency Is the Best Medicine: Device Parts Don’t Justify Orange Book Listing
By Amit Kumar Saha, PhD on Jan 9, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a district court’s delisting of patents from the Orange Book because the patent claims did not “claim the drug that was approved” or the active ingredient of the drug that was approved. Teva Branded Pharmaceutical Products R&D, Inc., et al. v. Amneal Pharmaceuticals of New...
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