Editor's column

Intellectual Property and Technology News



Susan Krumplitsch

Susan Krumplitsch, Partner, Intellectual Property and Technology

Welcome to the 51st issue of IPT News. In this quarter’s edition, we cover a wide range of topics that we hope you will find interesting.

In the Pharmaceutical Corner, Erin Larson and Stuart Pollack provide a timely update on the first case filed over the recently enacted CREATES Act, Teva v. Amicus Therapeutics. The CREATES Act governs the obligations of branded pharmaceutical companies to share samples of their pharmaceutical products with generic companies so that the generic company may develop its own version. This lawsuit is the first to test the metes and bounds of a branded pharmaceutical company’s responsibilities under the Act.

Cyberattacks against both small and large companies are a growing risk, and these attacks can take many forms. Leah Lurquin shares her thoughts on how to mitigate this risk and prepare for cyberattacks that may sidle in through a company’s supply chain.

For many companies, China is an essential piece of their business, but they may never sell a single product to a Chinese company or consumer. Michael Geller, Edward Chatterton and Joanne Zhang describe how companies can defend their trademarks from non-use cancellations in China.

The advent of Internet and mobile gaming is blurring the lines between lotteries and casino games. Our partners Tim Lowry and Mike Peacock ask: Is the state lottery the new online casino?

Finally, in the Supreme Court Corner, Stan Panikowski, Brian Biggs and Christian Chessman summarize the Court’s long-awaited decision in Smith & Nephew, Inc. v. Arthrex, Inc. The Court determined that administrative patent judges at the US Patent and Trademark’s Patent Trial and Appeal Board (PTAB) were indeed not constitutionally appointed. Then the Court fashioned an interesting remedy – you’ll have to read the article to learn more – and those of us who litigate patents are closely watching to see how this case impacts PTAB practice.

As always, please reach out to us with any questions or comments. And we hope you are enjoying the last bit of summer.

Susan Krumplitsch

Susan Krumplitsch, Partner, Intellectual Property and Technology