Nitya Anand
Subscribe to Nitya Anand's PostsNitya Anand focuses her practice on intellectual property litigation matters. She counsels life sciences, chemical and technology companies on patent and case strategies. An experienced litigator, she translates complex issues and technical information into successful arguments in both the courtroom and the boardroom. Read Nitya Anand's full bio.
Holy Pulmonary Hypertension, Batman: Method of Treatment Not Constrained by Safety and Efficacy
By Nitya Anand on Aug 3, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a district court’s holding that the asserted method of treatment patent was valid and infringed because safety and efficacy are not patent concerns. The Federal Circuit also affirmed the district court’s holding that certain claims of the product-by-process patent were invalid because the claimed product...
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Electra Powers Second Circuit’s False Endorsement Analysis
By Nitya Anand on Jun 8, 2023
Posted In Trademarks
Following on the heels of its 2021 decision in Electra v. 59 Murray, the US Court of Appeals for the Second Circuit affirmed the summary judgment denial of a Lanham Act claim related to false endorsement premised upon the unauthorized use of photographs in connection with promotional materials. Souza et. al. v. Exotic Island Enterprs.,...
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File Like an Eagle: ANDA pH Specification Rules Infringement Inquiry
By Nitya Anand on Sep 1, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a district court’s finding of noninfringement in a Hatch-Waxman case under 35 U.S.C. § 271(e)(2) and § 271(a)-(b). The Court found that the alleged infringer’s abbreviated new drug application (ANDA) specification controlled the § 271(e)(2) infringement inquiry, and that there were no clear errors by the district court...
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Single T-Shirt Sale Can’t Clothe Bare-Bones Personal Jurisdiction Claim
By Nitya Anand on Aug 18, 2022
Posted In Trademarks
The US Court of Appeals for the Eighth Circuit affirmed a district court’s dismissal of a trademark infringement suit for lack of personal jurisdiction, finding that the trademark owner failed to allege that the alleged infringer could reasonably anticipate being hauled into court in Missouri. Brothers and Sisters in Christ, LLC v. Zazzle, Inc., Case...
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Copyright Claim in Digital Message Format Fizzles Out
By Nitya Anand on Jul 14, 2022
Posted In Copyrights
The US Court of Appeals for the Third Circuit found that digital message formats and messages generated using those formats were not copyrightable and thus vacated a preliminary injunction against an alleged infringer marketing a competing product using the same format and messages. Pyrotechnics Management Inc. v. XFX Pyrotechnics LLC et al., Case No. 21-1695...
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