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

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

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A former Olympian is suing New Balance over the end of her career. Khamica Bingham, a two-time Olympic sprinter from Canada, is suing the Boston-based shoe company alleging that a malfunction in her running shoes led to a...more

Jones Day

California Enacts AI Transparency Law Requiring Disclosures for AI Content

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On September 19, 2024, California adopted the California AI Transparency Act ("SB 942") to create transparency mechanisms that allow consumers to determine whether an "image, video, or audio content, or content that is any...more

McAfee & Taft

Navigating the new USPTO guidance on AI patent eligibility

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The U.S. Patent and Trademark Office (USPTO) recently issued new guidance regarding patent-eligible subject matter for artificial intelligence (AI). This new guidance is intended to assist patent examiners and stakeholders in...more

Womble Bond Dickinson

Comparing California’s AI-Likeness Bills with the Federal NO FAKES Act of 2024

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Over the past several years, both Congress and state legislatures have introduced legislation concerning “digital replicas,” or deepfakes created by AI. Many of these bills have been directed to protecting the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2024 #2

AlexSam, Inc. v. Aetna, Inc., Appeal No. 2022-2036 (Fed. Cir. Oct. 8, 2024) In the Court’s only precedential patent opinion last week, a panel of the Federal Circuit granted appellant AlexSam a second chance to hold...more

Goodwin

Amgen Files BPCIA Complaint Against Fresenius Kabi Regarding Denosumab

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On October 4, 2024, Amgen filed a BPCIA complaint in the District Court for the Northern District of Illinois Eastern Division against Fresenius Kabi related to Fresenius Kabi’s proposed biosimilar of Amgen’s PROLIA and...more

Hogan Lovells

NIC Costa Rica and .CR celebrate 34th anniversary

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NIC Costa Rica, the Registry responsible for running the .CR country code Top Level Domain (ccTLD) for Costa Rica, has recently celebrated its 34th anniversary....more

Willcox & Savage

Trump Too Small: The Lanham Act Names Clause

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To guide potential trademark owners and to foster strong protection for trademarks under U.S. law, the Lanham Act; 15 U.S.C. §1052, defines the types of trademarks and service which marks can be registered by whittling away...more

Willcox & Savage

Trademark Board Finds No Sovereign Immunity to Opposition Proceeding

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The Trademark Trial and Appeal Board (“TTAB”) of the U.S. Patent and Trademark Office (“USPTO”) ruled that a state agency has no sovereign immunity to a trademark opposition proceeding. Mountain Gateway Order, Inc. v....more

Pillsbury Winthrop Shaw Pittman LLP

The Beginning of the End for the USPTO’s After Final Consideration Pilot Program 2.0

The decision to end the program follows public resistance to a proposed fee structure aimed at offsetting its high administrative costs. The U.S. Patent and Trademark Office (USPTO) extended the After Final Consideration...more

Miller Nash LLP

[Webinar] How To Protect Your IP by Avoiding Common Trademark Mistakes - October 29th, 9:00 am - 10:30 am PDT

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We are excited to extend a special invitation to you for an upcoming webinar dedicated to "How To Protect Your IP by Avoiding Common Trademark Mistakes” — a comprehensive session designed to equip you with the knowledge you...more

Jones Day

Supreme Court Denies Cellect Petition on Interplay Between PTA and ODP

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The Supreme Court denies Cellect LLC's petition for certiorari to consider whether patent term adjustment ("PTA") should be included in patent term for obviousness-type double patenting ("ODP") purposes....more

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

Subject Matter Eligibility of AI Innovations—USPTO’s Updated Guidance

This article discusses the July 17, 2024 guidance issued by the United States Patent and Trademark Office (“USPTO”) regarding the subject matter eligibility of patent claims involving artificial intelligence (“AI”). The...more

Manatt, Phelps & Phillips, LLP

Will the Federal Circuit Bring the Hammer Down on Big Damages Claims?

On September 25, 2024, for only the second time since 2018, the U.S. Court of Appeals for the Federal Circuit granted a request for en banc review of a panel decision in a patent case. The case, EcoFactor Inc. v. Google LLC,...more

Venable LLP

PTAB Grants Institution of Eight IPRs challenging The Johns Hopkins University Pembrolizumab Patents

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Earlier this year, Merck Sharp & Dohme, LLC (“Merck”) requested inter partes review (“IPR”) of a number of patents owned by the Johns Hopkins University (“JHU”). ...more

Knobbe Martens

Read the Fine Print: Federal Circuit Vacates Dismissal of Patent Infringement Claims Based on an Express License, Where Some...

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Before Stark, Lourie, and Bryson. Appeal from the United States District Court for the District of Connecticut. Summary: A narrowly defined patent license may result in some activity falling within the scope of the patent...more

Akin Gump Strauss Hauer & Feld LLP

District Court in 9th Circuit Finds That Heightened Pleading Standard Applies to All Prongs of False Patent Marking Claim

The Central District of California ruled that the heightened pleading standard of Federal Rule of Civil Procedure Rule 9(b) applies to all three prongs of a false patent marking claim, including the third prong, competitive...more

Knobbe Martens

Federal Circuit Review - September 2024

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Combining Abstract Ideas Does Not Make Them Less Abstract - In Broadband Itv, Inc. v. Amazon.Com, Inc., Appeal No. 23-1107, the Federal Circuit held that when assessing patent eligibility under 35 U.S.C. § 101, combining two...more

Fenwick & West LLP

False Claims of Patent Protection Can Be False Advertising Under Lanham Act

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Patented technologies or features can be valuable selling points, setting your products apart from the competition. But when advertising or marketing materials overstate the scope of patent or other IP rights, they may create...more

Venable LLP

Evidence of Increasing Scams Targeting Trademark Applicants - and What Can Be Done

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In a guest article, Venable's Rebecca Liebowitz, Andrew D. Price, and Samantha J. Moskowitz examine the rise in increasingly sophisticated trademark fraud and what practitioners can do to minimize the risks for clients....more

Mintz - Antitrust Viewpoints

G7 Competition Authorities, Including DOJ and FTC, Release Joint Statement on AI Competition — AI: The Washington Report

On October 3 and 4, the competition authorities of the G7, including the US Federal Trade Commission (FTC) and Department of Justice’s (DOJ) Antitrust Division, participated in a summit on AI competition challenges. The...more

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

IP Hot Topic: USPTO Maintains Patent Bar Requirement to Serve as Lead PTAB Counsel

The U.S. Patent & Trademark Office (USPTO) published a final rule on October 10, 2024, that reaffirms that only members of the patent bar may serve as lead counsel in AIA proceedings before the Patent Trial and Appeal Board...more

International Lawyers Network

Can Design Patents Be Invalidated?

Suppose you have a design for an ornamental appearance of an article and start producing the article. Subsequently, you receive notice from an owner of a design patent that you are infringing their patent. You conduct a prior...more

McDermott Will & Emery

No Matter How You Slice and Dice It, Conclusory Evidence Can’t Support Entire Market Value Damages

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The US Court of Appeals for the Federal Circuit concluded that the entire market value rule was not applicable where conclusory expert testimony was the only evidence that a product’s infringing features drove consumer...more

Sheppard Mullin Richter & Hampton LLP

New California Law Targets Sellers of Digital Goods

Introduced in response to certain digital media sellers (e.g., game publishers) revoking consumer access to purchases with little to no recourse, AB 2426 forces sellers of “digital goods,” such as movies, apps, games, books...more

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