Amit Kumar Saha, PhD
Subscribe to Amit Kumar Saha, PhD's PostsAmit Kumar Saha, PhD, focuses his practice on intellectual property litigation and transactional matters, including patent prosecution in the biotechnology and life sciences sectors. Read Amit Saha's full bio.
Plausibly Alleging Access Requires More Than Social Media Visibility
By Amit Kumar Saha, PhD on May 29, 2025
Posted In Copyrights
The US Court of Appeals for the Ninth Circuit affirmed a district court’s dismissal of a copyright action, finding that the plaintiff failed to plausibly allege either that the defendant had “access” to the work in question merely because it was posted on social media, or that the accused photos were substantially similar to any...
Continue Reading
Damages on Default Judgment Not Barred by Absence of Precise Amount in Complaint
By Amit Kumar Saha, PhD on May 8, 2025
Posted In Trademarks
The US Court of Appeals for the Ninth Circuit reversed and remanded a district court decision, allowing collection of actual damages in a default judgment where the complaint only sought damages “in an amount to be determined at trial.” AirDoctor, LLC v. Xiamen Qichuang Trade Co., Ltd., Case No. 24-215 (9th Cir. Apr. 11, 2025)...
Continue Reading
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,...
Continue Reading
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...
Continue Reading
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...
Continue Reading
