News

• Janet Linn Quoted in Bloomberg Law on How the Disruption to Federal Courts Impacts Generic Drug Patent Cases
  

  Intellectual Property Counsel Janet Linn was quoted in the Bloomberg Law article, “Virus Delays Stir Deadline Concerns in Generic Drug Patent Cases.”

• Tarter Krinsky & Drogin Bolsters Intellectual Property Group with Arrival of Janet B. Linn as Counsel
  

  Tarter Krinsky & Drogin, a leading mid-size, full-service law firm, announced today that Janet B. Linn has joined the firm as a counsel in its Intellectual Property practice. Her arrival bolsters the firm’s core strengths in IP and Hatch-Waxman patent litigation.

Events

• Janet Linn to Moderate CLE Panel on Intellectual Property in the COVID World for NYSBA
  

  On January 25, 2021, Intellectual Property Counsel Janet Linn will moderate the CLE panel, “IP in a COVID World” at the New York State Bar Association’s (NYSBA's) Virtual Annual Meeting of the Food Drug & Cosmetic Section, of which Janet serves as Vice Chair. The panel will explore the patents and trademarks relating to COVID-19 and how they are being licensed and enforced amid the pandemic.

• Janet Linn to Speak at the New York State Bar Association’s Food, Drug & Cosmetic Law Section Annual Meeting
  

  On January 30, Intellectual Property counsel Janet Linn will serve as a panelist at the 2020 New York State Bar Association’s Food, Drug & Cosmetic Law Section Meeting.

• Janet Linn to Present CLE Program on Patent Litigation Fundamentals to Judicial Law Clerks of Southern District of New York
  

  On October 11, Intellectual Property counsel Janet Linn will present a CLE program to the judicial law clerks of the Southern District of New York. Janet, along with two other attorneys in the New York Bar Association’s Patents Committee, will provide an overview on patent litigation fundamentals. Janet will discuss the patent right, substantive patent law, types of patents, parts of a patent and patent claims, and provide in-depth case studies.

• Amy Goldsmith and Janet Linn to Speak at the New York State Bar Association’s Food, Drug & Cosmetic Law Section Annual Meeting
  

  On January 17, Intellectual Property co-chair Amy Goldsmith and counsel Janet Linn will be featured panelists at the New York State Bar Association’s Food, Drug & Cosmetic Law Section Annual Meeting. Amy will discuss GDPR and how these new privacy regulations impact U.S. businesses. She will also provide an overview on how the regulations affect what businesses are permitted to do with individuals’ personal data. During a separate panel, Janet will speak on Helsinn v. Teva, the pending U.S. Supreme Court case concerning when secret sales and offers for sale will be considered prior art, and how that affects the drafting and publicizing of agreements between pharmaceutical companies and third parties.

• Janet Linn to Speak at New York City Bar Association’s Panel on Patent Office Post Grant Proceedings Panel – Inter Partes Review
  

  On October 18, Intellectual Property counsel Janet Linn will be a featured panelist at the New York City Bar Association’s event, “Patent Office Post Grant Proceedings – Inter Partes Review.”

• Suing a Sovereign for Infringement
  

  Although a seemingly infrequent issue, the ability to sue domestic and foreign sovereign entities in intellectual property disputes has been the subject of recent seminal U.S. Supreme Court and Appellate Court decisions. In these decisions, the Courts addressed statutes that seek to abrogate sovereign immunity to allow suits by private individuals against foreign and domestic states in intellectual property actions. While the Supreme Court has now made it clear that a state cannot be sued for copyright (or patent) infringement, the Second Circuit held that a foreign entity may be sued in U.S. courts under certain circumstances.

• What Can Instagram Do With Your Publicly Posted Photographs?
  

  When you upload content on Instagram, you can choose to make your post "public" or "private." According to Instagram, not only is the public content accessible and searchable by Instagram's users, the content is also subject to use by them on their websites via Instagram's application programming interface or "API."

• The Expanded Disaster Relief Program Under The CARES Act: Expedited Disaster Loans and Grants from the SBA
  

  Among the economic relief provisions for businesses in the Coronavirus Aid, Relief and Economic Security Act (CARES Act) is an expansion of the existing Economic Injury Disaster Loan program (EIDL) with expanded eligibility and more favorable loan terms, i.e., lower interest rates and longer terms. Even if the loan is ultimately denied, the applicant may obtain an emergency EIDL grant of $10,000 within a matter of days. The business does not have to accept the loan and can still keep the grant. The grant does not have to be repaid.

• Key 2019 Decisions Impacting Patent Law
  

  In 2019, both the Supreme Court and the Court of Appeals for the Federal Circuit issued decisions that will significantly affect patent law practice.

• Janet Linn’s Article on Hatch-Waxman Pre-Suit Considerations for Generic Drug Companies Published in Law360
  

  Intellectual Property counsel Janet Linn’s recent LexisNexis Lexis Practice Advisor article is published in Law360 titled, “Hatch-Waxman Pre-Suit Considerations For Generics: Part 1.” In the first of the two-part article, Janet addresses how counsel for a generic drug company should prepare for patent litigation under the Drug Price Competition and Patent Term Restoration Act of 1984, better known as the Hatch-Waxman Act.

• Janet Linn Authors LexisNexis Article on Hatch-Waxman Pre-Suit Considerations for Generic Drug Companies
  

  Intellectual Property counsel Janet Linn authored an article featured in LexisNexis’s Lexis Practice Advisor titled, “Hatch-Waxman Pre-suit Considerations from the Generic Perspective.” In the article, Janet discusses how counsel for generic drug companies should prepare for patent litigation under the Drug Price Competition and Patent Term Restoration Act of 1984, better known as the Hatch-Waxman Act.

• U.S. Supreme Court Broadens the Territorial Scope of Patent Damages
  

  In a 7-2 decision, its first to address the extraterritorial scope of patent damages since passage of the modern patent act, the U.S. Supreme Court in WesternGeco LLC v. Ion Geophysical Corp., No. 16-1011 (June 22, 2018), held a patentee can recover its foreign lost profits as damages.