A Utah federal judge recently dismissed Xlear, Inc.’s lawsuit challenging the Federal Trade Commission’s (FTC) long-standing requirement that advertisers substantiate health-related claims, finding that Xlear’s challenge was not ripe for judicial review. Because Xlear could not identify a final agency action that had a concrete impact on Xlear’s advertising, the court concluded that Xlear’s dispute [...]
Olshan Intellectual Property and Brand Management & Protection partner Barry Greenbaum published an article in Law360 entitled “How ‘Settled Expectations’ Affect Amazon’s Patent Program.” In the article, Barry examines how the U.S. Patent and Trademark Office’s evolving settled expectations framework may limit the availability of inter partes review for older patents and reshape strategy in Amazon Patent Evaluation Express, [...]
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