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  • Trademarks Require “Use in Commerce” – But What If You Need Regulatory Approval Before Selling Your Medical Device?

    The U.S. Patent and Trademark Office (USPTO) allows for a trademark application to be filed on an “Intent to Use” basis to establish a priority date before the mark is actually “used in commerce.” However, such use in commerce must happen before the trademark application will register with the USPTO. If your company markets medical devices or related goods that require regulatory approval, ...
  • Google Buys Fitbit for $2.1B

    Wearable fitness products company Fitbit Inc. announced Friday it entered a definitive agreement to be acquired by Alphabet Inc.-owned Google for $7.35 per share in cash, valuing the company at approximately $2.1 billion. James Park, co-founder and CEO of Fitbit, said of the deal: "Google is an ideal partner to advance our mission. With Google’s resources and global platform, Fitbit will be able ...
  • FDA Issues Guidance on “Abbreviated” and “Special” 510(k) Pathways

    The U.S. Food and Drug Administration (FDA) has issued two new guidance documents related respectively to an "abbreviated" and a "special" approach to the typical 510(K) process for medical devices. The FDA describes the usual 510(K) process as "a premarket submission made to FDA to demonstrate that the device to be marketed is at least as safe and effective, that is, substantially equivalent, ...
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