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NOVEMBER 12, 2019
 
 
 
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Squire Patton Boggs (UK) LLP
Mogin Rubin
 
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Intellectual Property Legal News
In house attorneys looking for a better way to organize, vet and easily retrieve legal news created the National Law Review on-line edition.

Around the clock, the National Law Review's editors screen and classify breaking news and analysis authored by recognized legal professionals and our own journalists.

There is no log in to access the database and new articles are added hourly.
 
 
 
 
Last week, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit held in Arthrex, Inc. v. Smith & Nephew that the appointment of Administrative Patent Judges (APJs) to the Patent Trial and Appeal Board (PTAB) by the U.S. Secretary of Commerce violates the Appointments Clause of the Constitution. In the original case, Smith & Nephew challenged via an inter partes review (IPR) Arthrex’s patent claims regarding a knotless suture securing assembly. The PTAB found the challenged claims to be unpatentable.More on the Unconstitutional Hiring of PTAB Judges Here>
 
 
 
The Seventh Circuit remanded an Instagram user’s appeal after the court found that Groupon’s notice of removal did not allege the citizenship of any diverse member of the putative class. The decision highlights the importance of actually alleging the minimal diversity requirement for removal under the Class Action Fairness Act (CAFA). The plaintiff, Christine Dancel, obtained permission under Federal Rule of Civil Procedure 23(f) to appeal the lower court’s denial of class certification in her claim alleging that Groupon violated the Illinois publicity statute by using her Instagram photos for advertisement purposes without her permission. More on the Groupon and Instagram Seventh Circuit Trial >
 
 
 
1. Patent Filings Are Rapidly Increasing The number of patent filings at the United States Patent and Trademark Office (“PTO”) directly correlates to the rise of cannabis legalization. According to Magic Number, a data analytics company, between 2017 and 2018 the PTO issued almost 250 cannabis-related patents—more than in the previous seven years combined. These filings cover a range of inventions, including medical treatments and pharmaceutical compositions, cultivation techniques, vaporizers, and cannabis-infused products like toothpaste, coffee beans, and alcoholic drinks. With this uptick in patent filings, the volume of cannabis-specific prior art is on the rise as well. Those interested in obtaining patent protection in the cannabis industry should not fall behind their peers nor wait until the prior art field has fully developed. Early filing is critical.
2. Cannabis is Still Illegal Under Federal Law
More on Key Cannabis IP Takeaways Here >
 
 
 
 
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