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Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Akin Gump Strauss Hauer & Feld LLP

PTAB Refuses to Ignore Reference Where Patent Owner Fails to Overcome Prima Facie Evidence of ‘Different Inventive Entity’

The Patent Trial and Appeal Board determined that a reference could be used as prior art because patent owner failed to provide sufficient evidence that the prior art’s disclosure was invented by all four named inventors, and...more

Akin Gump Strauss Hauer & Feld LLP

Shared Counsel and Existence of Joint Defense Agreement Insufficient to Establish Real Party-In-Interest Status

The Patent Trial and Appeal Board rejected a patent owner’s assertion that petitioner should have named a third party, which was a defendant in a related district court patent infringement litigation and a party to a joint...more

Knobbe Martens

Building Bridges: How Patent Pathways is Shaping a Diverse IP Future

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In this episode of the Knobbe IP+ podcast, Knobbe Martens Chief Diversity & Talent Development Officer Terra Davis speaks with guest Elaine Spector, Harrity & Harrity partner and Advisory Board Member to the non-profit Patent...more

Pierce Atwood LLP

Business Owners: Beware of Scams and Solicitations

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For years, federal trademark and patent application owners have been the target of scammers seeking payment for services that are neither required nor provided. Recently, however, it appears that scammers are finding new ways...more

Polsinelli

USPTO Finalizes Fee Hikes and New Fees for 2025: Key Tips for Patent Applicants

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The USPTO announced a set of finalized fee increases and new fees to take effect on January 19, 2025. The changes to the USPTO’s fees in 2025 add significant new fees for filing continuing applications (including...more

Dinsmore & Shohl LLP

USPTO Announces Sweeping Patent Fee Changes: Steps to Take for 2025

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The United States Patent and Trademark Office (USPTO) has released its long-anticipated final rule on patent fee adjustments (“Final Rule”). Set to take effect January 19, 2025, these changes represent the most significant...more

Linda Liu & Partners

Documents required for filing a design patent application in China

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According to Article 27 of the Chinese Patent Law, where a patent application for a design is filed, documents such as a request, drawings or photographs of the design and a brief description of the design shall be submitted....more

Goodwin

Update on Pending Denosumab BPCIA Litigations

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There are four pending BPCIA litigations brought by Amgen against biosimilar companies seeking to market denosumab biosimilars. Two of the four cases are pending in the District Court for the District of New Jersey before...more

Baker Donelson

California's New Generative AI Law – What Your Organization Needs to Know

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California is making waves with its new AI law, Assembly Bill 2013 (AB 2013), set to take effect in 2026. This groundbreaking legislation (again) puts the state at the forefront of tech regulation by tackling one of AI's...more

BakerHostetler

Availability of Willfulness and/or Indirect Patent Infringement Claims without Pre-Suit Knowledge: A District Court Survey

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The tests for willful and indirect (both inducement and contributory) patent infringement require a finding by the court that the alleged infringer had prior knowledge of infringement of the at-issue patent....more

Morris, Manning & Martin, LLP

Penn State Wins Trademark Infringement Case Against Vintage Brand for the Sale of 'Throwback' Merchandise

A Pennsylvania federal jury ruled in favor of Pennsylvania State University, finding that Vintage Brand, an online retailer, willfully infringed on the university's trademarks. The decision marks a significant win for...more

Patterson Belknap Webb & Tyler LLP

The Price of “Sandbagging”: Judge McMahon Orders Sanctions Against Patent Plaintiff For Switching Damages Theory on Eve of Retrial

On November 12, 2024, Judge McMahon (S.D.N.Y.) granted defendant Lutron Electronics Co.’s motion for sanctions against plaintiff Geigtech East Bay LLC, and precluded Geigtech from presenting any theory of damages on retrial...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - December 2024

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The Canadian Hockey League and its affiliate organizations have been dismissed from an antitrust suit alleging they entered unlawful deals allowing them to exploit junior players and illegally profit from their labor....more

Patterson Belknap Webb & Tyler LLP

You Can Go In-House, But You Can’t Hide: In-House Counsel Not Immune from Deposition

On November 13, 2024, United States Magistrate Judge Victoria Reznik (S.D.N.Y.) granted-in-part and denied-in-part DJ Plaintiff Carvana, LLC’s (“Carvana”) motion for a Protective Order to preclude Defendant IBM from deposing...more

WilmerHale

PTAB/USPTO Update - December 2024

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On November 12, USPTO Director Kathi Vidal announced in a post on LinkedIn and a letter to friends and colleagues that she would be stepping down the second week in December. Deputy Director Derrick Brent will take over until...more

Haug Partners LLP

Excited To Align With LA28? Not So Fast, Says Court

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On July 19, 2024, the United States Olympic & Paralympic Committee (“USOPC”) filed a complaint against performance sports beverage company Prime Hydration, LLC (“Prime Hydration” or “Prime”) in the United States District...more

Pillsbury - Propel

Maximizing Intellectual Property Protection: Balancing Patents and Trade Secrets for Startups

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Founders and their startups are typically at the forefront of ever-evolving fields, from space exploration and satellites to life-saving medical devices and medicines. Safeguarding intellectual property is critical for...more

Furia Rubel Communications, Inc.

Can You Copyright AI-Generated Content? - On Record PR

In this episode of On Record PR, sponsored by Lawline, Jennifer Simpson Carr goes on record with Sean Douglass, associate attorney at Panitch Schwarze, to discuss the impact of AI-generated content on intellectual property...more

AEON Law

Patent Poetry: WIPO Members Approve Riyadh Design Law Treaty

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Member states of the World Intellectual Property Organization (WIPO) have approved the Riyadh Design Law Treaty. The treaty is designed to “make it easier, faster and more affordable for designers the world over to...more

MoFo Life Sciences

Patent Term Extension For Medical Devices

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Patent term extension (PTE) under 35 U.S.C. § 156 is a statutory program that restores to a patent at least a portion of the term that was effectively lost while the covered product was undergoing regulatory review and could...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

New Information Disclosure Statement Fees Apply to Reexamination and Reissue

According to recent U.S. Patent and Trademark Office (Office) data, the Office receives a burdensome number (13%) of information disclosure statements (IDSs) having in excess of 50 total items of information. 89 Fed. Reg....more

Latham & Watkins LLP

European Commission Releases First Draft of General-Purpose AI Code of Practice

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The Draft Code sets out various obligations relating to transparency, copyright compliance, and management of systemic risks for providers of GPAI models....more

Jones Day

USPTO Finalizes Partial Permanence of MTA Pilot Program

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On October 18, 2024, the USPTO’s final rule regarding Motion to Amend (“MTA”) practice and procedures in trial proceedings under the America Invents Act became effective. The rule makes permanent several MTA pilot program...more

Mintz - Intellectual Property Viewpoints

What To Do Now That The AFCP (After Final Consideration Program) Is Ending?

The After Final Consideration Pilot 2.0 Program (AFCP) offered to patent applicants by the U.S. Patent and Trademark Office is ending on December 14, 2024. The program began in 2013 and was originally slated to last only 1...more

A&O Shearman

European Commission publishes first draft of GPAI Code of Practice

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On November 14, 2024, the European Commission published the first draft of the General-Purpose AI Code of Practice (the Draft Code). The Draft Code is designed to help providers of general-purpose AI models (GPAI) and...more

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