Nitya Anand

File Like an Eagle: ANDA pH Specification Rules Infringement Inquiry
By Nitya Anand on Sep 1, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a district court’s finding of noninfringement in a Hatch-Waxman case under 35 U.S.C. § 271(e)(2) and § 271(a)-(b). The Court found that the alleged infringer’s abbreviated new drug application (ANDA) specification controlled the § 271(e)(2) infringement inquiry, and that there were no clear errors by the district court...
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Single T-Shirt Sale Can’t Clothe Bare-Bones Personal Jurisdiction Claim
By Nitya Anand on Aug 18, 2022
Posted In Trademarks
The US Court of Appeals for the Eighth Circuit affirmed a district court’s dismissal of a trademark infringement suit for lack of personal jurisdiction, finding that the trademark owner failed to allege that the alleged infringer could reasonably anticipate being hauled into court in Missouri. Brothers and Sisters in Christ, LLC v. Zazzle, Inc., Case...
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Copyright Claim in Digital Message Format Fizzles Out
By Nitya Anand on Jul 14, 2022
Posted In Copyrights
The US Court of Appeals for the Third Circuit found that digital message formats and messages generated using those formats were not copyrightable and thus vacated a preliminary injunction against an alleged infringer marketing a competing product using the same format and messages. Pyrotechnics Management Inc. v. XFX Pyrotechnics LLC et al., Case No. 21-1695...
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