Justices Told Bayer ‘Flanax’ Win Errs on Territoriality, Delay (1)

A drug company accused of infringing Bayer AG‘s Flanax trademark used to market a painkiller in Mexico for decades wants the U.S. Supreme Court to review the Fourth Circuit’s revival of the claim.

Belmora LLC argued the appeals court decision highlights a split between circuits on how to address foreign trademark rights, and wrongly applied laches to excuse Bayer’s decade-long delay in filing a lawsuit, in its Tuesday petition to the high court.

The U.S. Court of Appeals for the Fourth Circuit ruled the district court improperly applied a strict statute of limitations and instead should have ultimately excused ...