New England IP Blog

Covering intellectual property developments in New England, and other developments that impact New England companies.

Anthony Cataldo

Anthony Cataldo

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BMI Wins Summary Judgment of Copyright Infringement After Restaurant Owner Fails to Respond to Requests for Admission

Plaintiff Broadcast Music, Inc. (“BMI”), a music rights management organization that offers licenses to a massive catalogue of popular songs on behalf of copyright owners, brought suit for copyright infringement against the owners of the La Roue Elayne restaurant for unlicensed performance of live cover versions of eight songs in a single evening. This suit … Continue Reading

Biosimilars Update

Novartis came one step closer to becoming the first company to offer a biosimilar drug for sale in the United States. Last month, an independent panel voted 14-0 to recommend FDA approval of Sandoz’s (Novartis’ generics division) application for its proposed ZarxioTM cancer drug – a generic version of Amgen’s patented Neupogen®. The decision is … Continue Reading

SCOTUS Brings More Certainty to District Court Claim Constructions

Since at least 1996, the Federal Circuit has reviewed district court claim constructions de novo.  This de novo standard introduced great uncertainty into patent cases:  A favorable claim construction, even one supported by detailed factual findings by the district court, could be set aside by the Federal Circuit without any deference whatsoever.  This situation surely … Continue Reading

TTAB and PTAB to hold hearings in Boston on October 3, 2014

The United States Patent & Trademark Office’s Trademark Trial and Appeal Board (“TTAB”) and Patent Trial & Appeal Board (“PTAB”) will conduct hearings on the campus of Northeastern University School of Law on Friday, October 3, 2014.  The TTAB panel (Chief Judge Gerard. F. Rogers, Judge Linda A. Kuczma, and Judge Susan J. Hightower) will … Continue Reading

Patent Office Chief of Staff in Boston to Present on White House Initiatives

The Boston Patent Law Association ( announced that on September 16, 2014, it will host a presentation by the United States Patent and Trademark Office Chief of Staff Andrew Byrnes at the offices of Bingham McCutchen at One Federal Street Boston, MA.  Mr. Byrnes will discuss the Patent Office’s quality initiative and implementation of White … Continue Reading

ABA to Meet in Boston, August 8 – 10.

The American Bar Association will hold its 2014 Annual Meeting in Boston, on August 8-10, followed by its House of Delegates Meeting on August 11-12.  Speakers at the meetings will include Hon. John G. Roberts, Chief Justice of the United States Supreme Court (Aug. 11 at 11 am), Michael S. Dukakis, former Governor of Massachusetts … Continue Reading

LEGO to Cra-Z-Art: “You’re not our Friends.”

On March 20, 2014, LEGO A/S filed a complaint in the District of Connecticut against competitor LaRose Industries LLC d/b/a Cra-Z-Art, alleging copyright and patent infringement and violation of the Connecticut Unfair Trade Practices Act. The case is before Judge Robert N. Chatigny in New Haven, CT. In its Complaint, the Danish toymaker alleges that … Continue Reading