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Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
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

Goodwin

European Commission Approves Samsung Bioepis and Biogen’s Aflibercept Biosimilar

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​​​​​​​On November 18, 2024, Samsung Bioepis announced that the European Commission (EC) has approved its aflibercept biosimilar, OPUVIZ.  ...more

BakerHostetler

US Supreme Court Set To Hear Case That May Have Significant Implications for the Doctrine of ‘Corporate Separateness’

BakerHostetler on

The principle of “corporate separateness” – the idea that corporations are separate juridical entities and that stock ownership generally “will not create liability beyond the assets of the [corporation]” – is “deeply...more

Morrison & Foerster LLP

When Your Life Sciences Are on the Line: Life Sciences and Food + Agriculture

Morrison Foerster partners Kate Driscoll and Nate Mendell, both former federal prosecutors and members of the firm’s Investigations + White Collar Defense Group, hosted the sixth episode of When Your Life Sciences Are on the...more

Akin Gump Strauss Hauer & Feld LLP

'Design Impact' and 'Association' Surveys Deemed Admissible in Design Patent Infringement Case

A district court recently refused to exclude testimony regarding consumer surveys conducted by a design patent expert, holding instead that the consumer surveys may be probative of how an ordinary observer would view the...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – Canadian news organizations sue OpenAI, Trump considers appointing “AI czar”, fighting AI scammers with AI, and...

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more

Smart & Biggar

Generic not required to address patent submitted before ANDS filing but listed after

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On November 20, 2024, the Federal Court dismissed EMD Serono (Serono)’s judicial review of the Minister of Health’s decision to list Canadian Patent No. 3,087,419 (419 Patent) on the Patent Register one week after it was...more

A&O Shearman

Balancing innovation and public health: third-party interests in the UPC's landmark ruling of Edwards Lifesciences vs. Meril

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In a landmark decision (UPC_CFI_15/2023) delivered on November 15, 2024, the Unified Patent Court's Local Division in Munich (UPC, LDM) ruled in favor of Edwards Lifesciences Corporation in a patent infringement case against...more

Smart & Biggar

Federal Court denies motion to add infringement counterclaim to ustekinumab impeachment action

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After filing a new drug submission for its ustekinumab biosimilar PYZCHIVA (Janssen’s STELARA), Samsung commenced the underlying action against Janssen for impeachment of Canadian Patent No. 3,113,837. Janssen sought to add a...more

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

Reissue’s Recapture Doctrine Clarified

Patent Examiners rely upon the Manual of Patent Examination Procedure (MPEP) to instruct application of the law to the most common patent prosecution situations. The MPEP’s forward refers to itself as a “guidance document”...more

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

Penn State Wins On and Off the Field

Pennsylvania State University has secured wins on the field and in court this football season with a 10-1 football record (and likely a College Football Playoff berth), and a jury verdict in its favor in a lawsuit against...more

Jones Day

UPC: Patentees No Longer Locked Out by Pre-Transitional Period National Litigations

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In a November 12, 2024, decision, the Court of Appeal ("CoA") of the Unified Patent Court ("UPC") has clarified under which circumstances a European patent that has been opted out and has been the subject of legal proceedings...more

DLA Piper

USPTO Issues Final Rule Regarding Process for Director Review

DLA Piper on

US Patent and Trademark Office (USPTO) Director Kathi Vidal recently issued a new final rule establishing the process for Director Review of some Patent Trial and Appeal Board (PTAB) decisions. This final rule, effective...more

DLA Piper

Silvergate Pharmaceuticals v. Bionpharma: The Relevance of Offers of Confidential Access Under the Hatch-Waxman Statute and Awards...

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In Silvergate Pharmaceuticals, Inc. v. Bionpharma Inc., the US District Court for the District of Delaware decided an open question regarding pre-filing investigation and attorney fees under Title 35 of the US Code, Section...more

DLA Piper

Delaware Court of Chancery Patent Ownership Dispute Addresses Jurisdiction for Pharmaceutical Companies

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A litigation regarding patent ownership rights is heating up in the Delaware Court of Chancery, a court of equity that is an atypical forum for pharmaceutical company and intellectual property disputes. CyDex Pharmaceuticals,...more

DLA Piper

Astellas Case Highlights Patent Eligibility Under Section 101 and the Party Presentation Principle

DLA Piper on

In Astellas Pharma Inc. v. Sandoz Inc., the US Court of Appeals for the Federal Circuit vacated a sua sponte district court ruling that found Astellas’s asserted patent ineligible under Title 35 of the US Code, Section 101....more

Arnall Golden Gregory LLP

Best Practices for Brands in Connection With Celebrity Endorsements, Testimonials, and Influencer Marketing Activities

On November 15, 2024, in Dallas, Texas, a 27-year-old social media influencer fought a 58-year-old boxing legend and approximately 108 million people tuned in to witness the spectacle. While not quite the Super Bowl, the...more

Sheppard Mullin Richter & Hampton LLP

Andersen Plaintiffs Strategically Dismiss § 1202(b) Claims Pending Interlocutory Appeal in Github Case

In a strategic move to preserve their right to seek reconsideration of previously dismissed DMCA § 1202(b) claims, the plaintiffs in Andersen v. Stability AI have voluntarily dismissed with prejudice all DMCA claims. The...more

Erise IP

What’s Trending in Trademarks: November 2024: Injunction Upheld in OpenAI v. Open AI; USPTO Modifies Audit Practice to Target...

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: 9th Cir....more

Weintraub Tobin

(Podcast) The Briefing: Turkey, Trademarks, Copyright, and Cranberry Sauce – IP and Recipes

Weintraub Tobin on

Tune in to The Briefing’s milestone 200th episode with Scott Hervey and Tara Sattler as they dive into the world of intellectual property and recipes. Can chefs own their culinary creations? Can a recipe be copyrighted? From...more

Weintraub Tobin

The Briefing: Turkey, Trademarks, Copyright, and Cranberry Sauce – IP and Recipes

Weintraub Tobin on

Tune in to The Briefing’s milestone 200th episode with Scott Hervey and Tara Sattler as they dive into the world of intellectual property and recipes. Can chefs own their culinary creations? Can a recipe be copyrighted? From...more

Lathrop GPM

USPTO Announces Patent Fee Hikes for 2025

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The United States Patent and Trademark Office (USPTO) announced on Wednesday that patent-related fees will be raised starting January 19, 2025 to offset forecasted increases in operating cost....more

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

New USPTO Trademark Filing Fees Take Effect January 18 2025

On November 18, 2024, the USPTO issued a final rule to increase certain trademark filing fees. The fees will take effect January 18, 2025. A full list of the changes, including some discontinued filing options, can be...more

BakerHostetler

Getting the Most out of Brand Partnerships with Artists ...Lawfully

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In today’s dynamic market, brand partnerships with artists and musicians have become a powerful strategy for companies looking to enhance their visibility and connect with active and aligned audiences. These campaigns can...more

Seyfarth Shaw LLP

A Vegetarian’s Thanksgiving: How a Patent and a Restriction Requirement Highlight Inclusivity

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Thanksgiving is a time for family, gratitude, and—let’s be honest—lots of food. But for vegetarians, it can feel more like a minefield of side dishes. While others enjoy the turkey, vegetarians are often left piecing together...more

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