Looking Ahead: What to Expect in 2023
Intellectual property continues to be a linchpin asset for clients. We are looking forward to the innovation, disruptive ideas and new technologies that will power a reduced carbon future and entering widespread commercial use that will power business growth for many years to come. And yet we expect continued challenges to holders of IP in several ways. Competition enabled by online sales and worldwide shipping means that IP can be one of the few ways a seller can receive a premium over manufacturing costs. Running a worldwide business in a world where IP rights are grounded in domestic filings and use is a constant challenge. The old adage “an ounce of prevention is worth a pound of cure” remains truer than ever – IP investments during development and before product launch are the surest way to avoid IP conflicts later.
In the coming year, we see a very active US Patent and Trademark Office led by Dr. Kathi Vidal, who is rolling out new initiatives and taking a strong hand in setting standards for ethical behavior before the Office. The Copyright Office continues to work on modernization of its registration and other systems and we expect to see the benefit of that this coming year. In patent litigation trends, the Texas federal courts are losing their appeal as the jurisdiction of choice for plaintiffs, as venue rules change. In appropriate cases, plaintiffs will continue to receive major damages verdicts, and patent enforcement and funding is available for strong patents against solvent defendants.
- Carter Ledyard’s patent litigation partners Keith Nowak, Gerry Griffin continued to represent Kaneka Corporation, a long-time client of the Firm. Currently, the firm represents Kaneka against defendants Designs for Health, Inc. and American River Nutrition LLC in a patent infringement action pending in federal court in Delaware seeking an injunction and damages arising out of defendant’s sale of ubiquinol (a/k/a reduced co-enzyme Q10).
- We are counsel for Freedom to Operate, Inc in two petitions for post-grant review filed with the Patent Trial and Appeal Board of the United States Patent and Trademark Office. Freedom to Operate requested review of two patents directed to allegedly new crystal forms of psilocybin, the active ingredient in “magic mushrooms”.
- We also provide patent, licensing and other legal counsel to two companies, Ceruvia Lifesciences LLC and B.More, Incorporated, seeking to develop psilocybin and a derivative of LSD for medical use. Ceruvia is sponsoring research investigating psilocybin and the LSD derivative for the treatment of migrane and cluster headaches and obsessive-compulsive disorder. B.More is investigating the use of psilocybin for the treatment of alcohol use disorder.
- Carter Ledyard also represents defendant Lifescan, Inc., a customer of client Asahi Polyslider, in a patent infringement action brought by Facet Technologies, LLC. Facet alleges infringement of a patent directed to a technology for blood glucose monitoring.
- Definitive Win for Republic of France in Precedent-Setting Trademark Dispute
A team of lawyers from three firms in the United States and France joined Carter Ledyard IP chairman, John Griem, Jr., in representing the French Republic, its tourism development agency, Atout France, and its Foreign Ministry and Minister in this trademark and cybersquatting case. The high-profile case was supervised by officials and representatives from many different parts of the French Government.