Benjamin Ediger, Ph.D.

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Benjamin (Ben) Ediger, PhD focuses his practice on intellectual property transactions and patent counseling in the life sciences space, along with patent litigation and patent prosecution across a range of diverse technologies. Read Ben Ediger's full bio.

Actual or Potential Consumers in Related Goods Context Doesn’t Require PURE Overlap

By on Mar 23, 2023
Posted In Trademarks

The US Court of Appeals for the Federal Circuit reminded us that, in the context of related goods, the likelihood of confusion analysis does not require that actual or potential consumers of the goods be the same, but only that there be sufficient overlap. In re Oxiteno S.A. Industria e Comercio, Case No. 22-1213 (Fed....

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Patent Law Principles Apply to Claim Scope: Orange Book Delisting and Listing and Regulations

By on Mar 9, 2023
Posted In Patents

The US Court of Appeals for the Federal Circuit ordered that the only Orange Book patent asserted in a lawsuit must be delisted since its claims were directed to the computer-implemented distribution system and not a method of use. Jazz Pharms., Inc. v. Avadel CNS Pharms., LLC, Case No. 23-1186 (Fed. Cir. Feb. 24, 2023)...

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All the Benefits of a Reverse Triangular Merger, None of the IP Merger Mess

By on Mar 2, 2023
Posted In Uncategorized

The US Court of Appeals for the Eleventh Circuit affirmed a district court’s summary judgment dismissal of plaintiff’s claim that the defendant failed to provide a payment conditioned on the sale, merger or transfer of certain intellectual property since ownership was not transferred via the merger. GSE Consulting, Inc. v. L3Harris Techs., Inc., Case No....

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Things May Be Bigger in Texas, but Not Necessarily More Convenient

By on Feb 16, 2023
Posted In Patents

The US Court of Appeals for the Federal Circuit granted a mandamus petition after analyzing the Fifth Circuit’s public and private interest factors for transfer motions and ordered the US District Court for the Western District of Texas to transfer a case to the petitioner’s venue. In re Google LLC, Case No. 23-101 (Fed. Cir....

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Challenging Inventorship on Summary Judgment? Put a Cap on It

By on Jan 5, 2023
Posted In Patents

The US Court of Appeals for the Federal Circuit, citing a dispute as to material facts, held that a factfinder could reasonably conclude that an alleged joint inventor failed to sufficiently contribute to inventing the claimed technologies and thus reversed a district court order granting summary judgment of invalidity based on failure to join an...

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