Federal courts and NAD are coming to different conclusions on whether disclosures on the back of packages can effectively qualify claims that appear on the fronts of the packages. Some courts – such as courts in the Ninth Circuit – have held that disclosures on the back of a package can help to qualify a claim on the front, as long as that claim is ambiguous, as opposed to false. NAD, on the other hand, tends to think those disclosures are too far-removed to be effective.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/courts-and-nad-come-to-different-conclusions-on-package-disclosures

Gonzalo [email protected](202) 342-8576www.kelleydrye.com/people/gonzalo-e-mon

John [email protected](202) 342-8423https://www.kelleydrye.com/people/john-e-villafranco

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