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Vedder Price

[Event] 2024 Intellectual Property Seminar - October 15th, Chicago, IL

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Please join Vedder Price’s Intellectual Property group for a half-day complimentary seminar designed for in-house counsel. Topics will focus on real issues faced by IP holders, and attendees will leave with practical advice...more

Foley Hoag LLP

Supreme Court Declines Certiorari Review in Cellect

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On October 7, 2024, the Supreme Court declined to hear Cellect LLC v. Vidal, No. 23-1231. The case has been followed closely by patent professionals ever since the Federal Circuit upended the judicially-created doctrine of...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2024

Crocs, Inc. v. Double Diamond Distribution, Ltd., Appeal No. 2022-2160 (Fed. Cir. Oct. 3, 2024) In our Case of the Week, the Federal Circuit examined whether a district court erred in dismissing false advertising claims...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - October 2024 #2

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Surinamese sprinter Issamade Asinga sued the Gatorade Company on Wednesday, alleging his recent doping ban was the result of eating contaminated “recovery gummies” that the brand manufactured and provided....more

A&O Shearman

Federal Circuit Reverses Infringement And Willfulness Determinations And Finds Damages Verdict Improperly Relies On Entire Market...

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On October 2, 2024, the Court of Appeals for the Federal Circuit (“CAFC”) issued a precedential opinion reversing-in-part decisions from the United States District Court for the Western District of Missouri in Case No....more

Patterson Belknap Webb & Tyler LLP

Quit Playing Games!: Judge Woods Grants Epic Games’ Motion to Dismiss

On September 26, 2024, District Judge Gregory H. Woods (S.D.N.Y.) granted Defendant Epic Games, Inc. (“Epic Games”)’s Motion to Dismiss for failure to state a claim because Plaintiff AK Meeting IP, LLC (“AK”)’s allegations...more

Patterson Belknap Webb & Tyler LLP

Don’t Hit Send: Judge Rochon Denies Motion for Alternative Service via Email

On September 24, 2024, District Judge Jennifer L. Rochon (S.D.N.Y) denied Plaintiff Square One Choices, Inc. (“SOC”)’s Motion for Alternative Service because SOC failed to show that the Hague Convention permits service by...more

Venable LLP

Spotlight On: Rituxan® (rituximab) / Truxima® (rituximab-abbs) / Ruxience® (rituximab-pvvr) / Riabni™ (rituximab-arrx) - October...

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Rituximab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple...more

Venable LLP

Spotlight On: Humira® (adalimumab) / Amjevita™ (adalimumab-atto) / Cyltezo® (adalimumab-adbm) / Hyrimoz™ (adalimumab-adaz) /...

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Adalimumab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple...more

Venable LLP

Spotlight On: Lantus® / Lantus® SoloSTAR® (insulin glargine recombinant) / Basaglar® (insulin glargine) / Semglee® (insulin...

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Insulin Glargine Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple...more

Goodwin

PTAB Institutes Eight More IPRs Filed by Merck on Johns Hopkins Pembrolizumab Patents

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​​​​​​​In the last few weeks, the PTAB has granted institution of eight IPRs filed by Merck on Johns Hopkins patents directed to methods of treatment using pembrolizumab. The eight patents are generally directed to methods...more

WilmerHale

PTAB/USPTO Update - October 2024

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On October 2, the USPTO terminated proceedings in approximately 3,100 patent applications due to the fraudulent entry of S-signatures of registered practitioners by others. The final order noted that improper use of a...more

Snell & Wilmer

Second Circuit Clarifies Showing Necessary to Satisfy New York’s Long-Arm Statute for Cases Involving Foreign, Internet-Based...

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The Second Circuit recently reversed a district court’s dismissal for lack of personal jurisdiction in American Girl, LLC’s (“American Girl”) Lanham Act lawsuit against Chinese e-commerce company Zembrka. The Second Circuit...more

IMS Legal Strategies

Using Innovative Technology to Advance Trial Strategies | Episode 70

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Discover how advancements in jury research technology are giving trial teams a competitive advantage. This episode features IMS Senior Jury Consulting Advisor Chris Dominic alongside clients Trent Webb and Lauren Douville,...more

Venable LLP

Spotlight On: Biosimilar Litigations - October 2024

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Biosimilar Litigations include litigations relating to biosimilar/follow-on products of CDER-listed reference products. Litigations between biosimilar applicants/manufacturers and reference product sponsors as well as...more

McDonnell Boehnen Hulbert & Berghoff LLP

In re Cellect in View of Supreme Court's "Long Conference" – Part II

In view of the Supreme Court's "long conference" on September 30th, it seems timely to review the arguments, pro, con, and amicus briefs submitted to the Court asking for certiorari over the Federal Circuit's In re...more

MoginRubin LLP

Epic Sues Google Again, This Time Adding Samsung

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The fight over the lucrative app market ropes another manufacturer into the fray. Nine months after persuading a jury that Google LLC had monopolized the markets for Android app distribution and in-app billing, Epic Games has...more

Knobbe Martens

Falsely Claiming Patent Protection May Violate the Lanham Act

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Before Reyna, Cunningham and Albright. Appeal from the United States District Court for the District of Colorado. Summary: A claim that an unpatented product feature is “patented,” “proprietary,” or “exclusive” may violate...more

Hogan Lovells

AI & Copyright: First decision, and missed opportunity, in Germany

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In an eagerly awaited decision, the Hamburg Regional Court is now the first in Germany to rule on AI training datasets under EU copyright law. While the court managed to avoid the most controversial issue, namely whether the...more

Jones Day

PTO Promotes Judicial Independence in Final PTAB Rule

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On June 12, 2024, the USPTO issued a final rule governing the pre-issuance circulation and review of decisions within the PTAB. This formalized current USPTO procedures within the Standard Operating Procedure (SOP4) adopted...more

Goodwin

Fresenius and Formycon Receive EC and FDA Approval of Ustekinumab Biosimilar

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On September 27, 2024, Formycon AG (“Formycon”) and its commercialization partner Fresenius Kabi (“Fresenius”) jointly announced that the European Commission (EC) has issued a marketing authorization for FYB202/OTULFI™...more

Venable LLP

Spotlight On: Enbrel® (etanercept) / Erelzi® (etanercept-szzs) / Eticovo® (etanercept-ykro) - October 2024

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Etanercept Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple...more

Farella Braun + Martel LLP

[Hybrid Event] Securing the Vine: IP and Privacy Protection for the Wine Industry - October 24th, St. Helena, CA

The wine industry, with its rich history and vibrant marketplace, relies heavily on branding and innovation. Protecting your brand and other intellectual property (IP) is crucial for maintaining a competitive edge and...more

BakerHostetler

Oops, I Did It Again: Navigating Social Media Posts for Brands

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Brands’ social media feeds are getting attention lately, but not always for the right reasons. We’ve covered social media advertising risks in our ADventures in Law blog before....more

Goodwin

Aflibercept Biosimilar Updates in Europe

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On September 19, 2024, the European Medicines Agency (EMA) Committee for Medicinal Products for Human Use (CHMP) adopted a positive opinion for Sandoz’s aflibercept biosimilar AFQLIR. ...more

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