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Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Dunlap Bennett & Ludwig PLLC

Absolute Confusion: Did The Supreme Court Blunder In Raising The Bar For Trademark Parodies In Jack Daniel’s?

In Jack Daniel’s v. VIP Products, the U.S. Supreme Court was asked to decide whether a chewable “Bad Spaniels” dog toy shaped like a bottle of Jack Daniel’s whiskey violated Jack Daniel’s trademark rights. VIP claimed its dog...more

Alston & Bird

Patent Case Summaries | Week Ending September 20, 2024

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Vascular Solutions LLC, et al. v. Medtronic, Inc., et al., No. 2024-1398 (Fed. Cir. (D. Minn.) Sept. 16, 2024). Opinion by Mazzant (sitting by designation), joined by Moore and Prost....more

McDermott Will & Emery

Dolly Pardon: American Girl Can Sue Foreign Counterfeiter for Internet Sales

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The US Court of Appeals for the Second Circuit clarified its standards for establishing personal jurisdiction over foreign defendants that conduct business over the internet. American Girl, LLC v. Zembrka, DBA...more

McDermott Will & Emery

When Can Same Claim Limitation Have Different Meanings? When It’s Functional, Of Course

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Addressing for the first time whether a functional limitation must carry the same meaning in all claims, the US Court of Appeals for the Federal Circuit determined that it need not, vacating a district court decision to the...more

Jones Day

Lack of Injury In Fact Scuttles Appeal

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The Federal Circuit dismissed Platinum Optics Technology Inc.’s (PTOT) appeal from an IPR decision, finding the challenged claims of Viavi’s U.S. Patent No. 9,354,369 not unpatentable, because PTOT failed to establish an...more

Miller Nash LLP

Patent Portfolio Management: A Penny Saved is a Penny Earned

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Most companies recognize patent portfolios as valuable business assets. They protect the investments made in research and development, and the efforts to bring products to market. As businesses evolve, and that cycle has only...more

WilmerHale

The Broken Balance: How “Built-in Apportionment” and the Failure to Apply Daubert Have Distorted Patent Infringement Damages

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The United States patent system is designed to be a balance: in exchange for the inventor disclosing their invention to the public, pa-tentees are granted exclusive rights to that invention for a period of time. This ensures...more

Goodwin

Preliminary Injunction Denied Against Amgen in Aflibercept BPCIA Litigation

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In a sealed order that issued on September 24, 2024, the District Court for the Northern District of West Virginia denied a preliminary injunction against Amgen in the aflibercept BPCIA litigation. ...more

Venable LLP

Preliminary Injunction Against Amgen’s EYLEA® Biosimilar Pavblu™ Denied

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On September 23, 2024, Regeneron’s motion for a preliminary injunction against the commercial launch of Amgen’s EYLEA® (aflibercept) biosimilar Pavblu™ (aflibercept-ayyh) was denied in Case No. 1:24-cv-00039 (N.D.W. Va.) /...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | September 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

Manatt, Phelps & Phillips, LLP

U.S. Patent Office Enablement Guidelines in View of Supreme Court Amgen v. Sanofi Decision

The U.S. Patent Office has published updated examination guidelines regarding the enablement requirement in view of the Supreme Court’s May 2023 decision in Amgen v. Sanofi. The guidelines generally reiterate that (1)...more

Haug Partners LLP

Amazon Won-Oh-Won Its Patent Challenge Against Broadband

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On September 3, 2024, the Federal Circuit issued a precedential decision affirming a district court decision where claims relating to “video-on-demand” systems did not constitute patentable subject matter because the claims...more

Hogan Lovells

Trademark Insight 08/2024 – European Union & Germany // Country Focus - Poland

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This issue of Trademark Insight once again contains some noteworthy decisions from recent months. Of particular interest are the decisions on the legal concept of complex likelihood of confusion (komplexe Verwechslungsgefahr)...more

Smart & Biggar

CIPO’s new Specificity Guidelines for goods and services: what you need to know

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Those familiar with filing and prosecuting trademark applications in Canada will know that the Canadian Intellectual Property Office (CIPO) has among the world’s most stringent standards for assessing the specificity of goods...more

AEON Law

Patent Poetry: Federal Circuit Affirms Most of Patent Board Ruling Invalidating Philips Radio Patent

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The Federal Circuit has affirmed most of a ruling by the Patent Trial and Appeal Board (PTAB or Board) that invalidated claims related to radio communications in a patent owned by Philips. The case is KONINKLIJKE PHILIPS...more

Skadden, Arps, Slate, Meagher & Flom LLP

California Enacts Host of AI-Related Bills Designed To Protect Individuals

In the absence of federal legislation addressing the development and deployment of artificial intelligence (AI) systems, individual states continue to fill that void by enacting state-specific legislation....more

AEON Law

Patent Poetry: Anti-AI “NO FAKES” Act Moves Forward in Congress

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Several Representatives, including both Democrats and Republicans, have introduced the “Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024’’ (NO FAKES Act) in the House of Representatives....more

Vondran Legal

Boxing Piracy and the "Internet defense" is it viable?

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When your restaurant, bar, nightclub, sports bar, barber shop, gym, country club, cigar bar other similar establishment decides to air the latest and great UFC fight or other sports match in your venue, you need to understand...more

Houston Harbaugh, P.C.

Federal Court says Jimmy Kimmel’s Prank on George Santos Passes As Fair Use

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In a ruling that’s being hailed as a win for fair use, a federal judge has tossed out a lawsuit brought by disgraced ex-congressman George Santos against late-night TV host Jimmy Kimmel, in Santos v. Kimmel, American...more

Foley & Lardner LLP

Franchisor Enforces Its Trademark Rights Against Former Prospective Franchisee

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A franchisor may pursue claims for declaratory and injunctive relief for potential trademark infringement against a former prospective franchisee even though the prospect never actually used the marks in question. Grainier...more

Goodwin

Eli Lilly Files Suit Challenging the FDA’s Drug Classification of Retatrutide

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​​​​​​​On September 3, 2024, Eli Lilly filed a complaint against the FDA in the District Court for the Southern District of Indiana pursuing the latest challenge to the FDA’s application of its “biological product”...more

Venable LLP

USPTO and Copyright Office Basics on Applying for and Registering AI-Assisted Material

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Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more

Linda Liu & Partners

The Practice of Producing Evidence for the Prior Use Right Defense in Patent Infringement Disputes

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As Chinese enterprises’ technological innovation level and their R&D capabilities has grown by leaps and bounds in recent years, it is not uncommon for them to defend based on prior use right in patent infringement disputes....more

Sheppard Mullin Richter & Hampton LLP

The Rise of Trade Secret Litigation

Legal regimes are shifting, including in the intellectual property world as businesses increasingly seek the protection of trade secrets rather than patents to secure their confidential information. When the Defend Trade...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - September 2024 #3

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Georgia Gov. Brian Kemp signed an executive order Tuesday that will allow colleges in the state, including the University of Georgia, to pay players directly for the use of their name, image and likeness....more

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