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Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Orrick, Herrington & Sutcliffe LLP

Legal Ninja Snapshot: Technology Transfers: How much should a University hold in its (University) IP-based Spin-Outs?

UK Research and Innovation (UKRI) has recently published a list of UK universities that have voluntarily adopted certain (supposedly) best practice policies for deal terms of research transfers to start-ups (we simply refer...more

Irwin IP LLP

A Bloody Competition Over Lizzie Borden’s Legacy

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US Ghost Adventures, LLC v. Miss Lizzie's Coffee LLC, No. 23-2000, 2024 WL 4799288 (1st Cir. Nov. 15, 2024) - On November 15, 2024, the U.S. Court of Appeals for the First Circuit affirmed the denial of a preliminary...more

Womble Bond Dickinson

New Year, New Fee Schedule for Trademarks at the USPTO - Big Changes to Application Fees

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Our colleagues previously reported on the United States Patent and Trademark Office’s (USPTO) patent fee schedule for 2025, and we now take this opportunity to provide you with our insights on the USPTO trademark fee schedule...more

Morrison & Foerster LLP - Social Media

Social Links: If the Suit Fits

Character Technologies has been hit with two lawsuits, including a wrongful death suit (among other claims), in less than two months over its popular Character.ai chatbot. The first was filed in the U.S. District Court for...more

Seyfarth Shaw LLP

What’s in a (Band) Name? Why Bands Need Trademark Registrations

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We’ve moved into winter and that means many bands and artists are taking a breather after summer and fall tours. Some seemed to go on for eras. For me, that means waiting a few months to catch some favorite acts. But I’ve got...more

Brownstein Hyatt Farber Schreck

Clandestine Use of Competitor’s Trademark and ‘Initial Interest Confusion’ Infringement

Businesses use several advertising tactics. Most are clearly presented to potential consumers in traditional ways such as text on a web page, posters, mailings, brochures, etc. Alternatively, some tactics to increase exposure...more

Alston & Bird

Patent Case Summaries | Week Ending December 6, 2024

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Cytiva BioProcess R&D AB v. JSR Corp., et al., Nos. 2023-2074, -2075, -2191, -2192, -2193, -2194, -2239, -2252, -2253, -2255 (Fed. Cir. (PTAB) Dec. 4, 2024). Opinion by Prost, joined by Taranto and Hughes....more

Hutchison PLLC

Driving Towards Greater Transparency and Sustainability in the EV Market with Davide Giacobbe and ScoutIt

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Could the future of electric vehicle adoption hinge on our ability to accurately assess the health of EV batteries? On today’s episode of Founder Shares, Davide Giacobbe, CEO of ScoutIt, shares his journey from automotive...more

Locke Lord LLP

USPTO Fee Changes Taking Effect January 19, 2025‎

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On November 20, 2024, the USPTO published its Final Rule regarding fee changes to take effect on January 19, 2025 in the Federal Register....more

A&O Shearman

Federal Circuit Affirms Non-Infringement At Summary Judgment On “Document Stream” Patents In Mirror Worlds Technologies, LLC v....

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Mirror Worlds Technologies, LLC ("Mirror Worlds") owns U.S. Patent Nos. 6,006,227; 7,865,538; and 8,255,439, which claim methods for storing, organizing, and presenting data in time-ordered streams on a computer system. In...more

A&O Shearman

District Of Massachusetts Invalidates Epigenetics Method Patents For Lack Of Eligible Subject Matter

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In biomodal Ltd. v. New England BioLabs, Inc., No. 24-cv-11697-RGS, Dkt. No. 78 (D. Mass. Nov. 2024), Defendant New England BioLabs, Inc. (“NEB”) filed a motion to dismiss the claims of infringement of five patents as...more

McDermott Will & Emery

Chromatographic Clash: When Is a Lead Compound Analysis Even Necessary?

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The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s determination that 79 challenged composition claims across three related patents were unpatentable but reversed the Board’s...more

McDermott Will & Emery

Focus on Funk: 40-Year-Old Copyright Claim Is Time-Barred

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In a summary order, the US Court of Appeals for the Second Circuit affirmed the district court’s orders in a case involving an ownership dispute over the copyrights to certain compositions by Parliament-Funkadelic bandleader...more

McDermott Will & Emery

PTO Withdraws Proposed Rule on Terminal Disclaimer Changes

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The US Patent & Trademark Office (PTO) withdrew its proposed rule that suggested major changes to its terminal disclaimer practice. 89 Fed. Reg. 96152 (Dec. 4, 2024)....more

McDermott Will & Emery

Plausible Alternative Understanding of Prior Art? So What?

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Affirming the Patent Trial & Appeal Board’s final determination that three claims were invalid for obviousness, the US Court of Appeals for the Federal Circuit ruled that a “plausible alternative understanding” of the prior...more

A&O Shearman

UPC ruling on Panasonic v. Oppo: A landmark decision on SEPS and FRAND

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On November, 22, 2024, the Mannheim Local Division of the Unified Patent Court (UPC) delivered a landmark ruling in Panasonic v. Oppo, setting a significant precedent in the realm of Standard Essential Patents (SEPs) and...more

Kilpatrick

The PREVAIL Act: One Step Closer to Passage

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The Senate Judiciary Committee voted last month to advance the PREVAIL Act for full Senate consideration. Although the end of the current Congress is fast-approaching, the Act has the potential of being passed at the eleventh...more

Fish & Richardson

Introduction to SEP & FRAND Issues

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Imagine your company designs, manufactures, or sells products that implement commonplace technologies like Wi-Fi, 5G, or video streaming. Did you know you might need a license to incorporate these technologies into your...more

Amundsen Davis LLC

Expect More Audits of Trademark Registrations From the United States Patent and Trademark Office

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The expected uptick in the issuance of United State Patent and Trademark Office (USPTO) audits means practitioners and trademark owners alike will need to be more diligent in identifying goods or services in trademark...more

McCarter & English, LLP

US Government Increases Fees for Trademark Filings

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The US Patent and Trademark Office (USPTO) is raising many fees for trademark filings effective January 18, 2025. Many fees will increase by $50–$100 per class of goods and/or services. The USPTO will also impose surcharges...more

Troutman Pepper

Understanding the USPTO's Final Rule on Fee Adjustments for Patent Applications and Appeals

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The U.S. Patent and Trademark Office (USPTO) has issued a “final rule” to fee adjustments for patent applications and appeals, effective January 19, 2025. These changes represent some of the most significant changes to the...more

Jones Day

Expert Testimony That Does Not Disclose Underlying Facts Or Data Entitled To Little Weight

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“Expert testimony that does not disclose the underlying facts or data on which the opinion is based is entitled to little or no weight.” 37 C.F.R. § 42.65(a). With that principle in mind, the PTAB recently denied institution...more

Troutman Pepper

Why Did the World Wrestling Federation Become WWE? — No Infringement Intended Podcast

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In this episode, Rusty Close and Austin Padgett discuss trademarks and why the WWF, the World Wrestling Federation, rebranded itself as WWE, World Wrestling Entertainment. No Infringement Intended, hosted by Rusty Close...more

Stinson LLP

Trump's First 100 Days: Intellectual Property, Artificial Intelligence and Cybersecurity

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During his first term, Trump appointed a U.S. Patent and Trademark Office (USPTO) director who instituted a number of reforms widely regarded as pro-patent, and the general consensus is that the incoming administration will...more

Seyfarth Shaw LLP

50 State Desktop Reference - What Businesses Need to Know about Non-Competes and Trade Secrets Law - 2024

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As we navigate a rapidly evolving business and legal landscape, Seyfarth proudly presents the latest edition of our flagship publication, the 50-State Non-Compete Desktop Reference. Crafted with precision by our nationally...more

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