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4 Key Takeaways | Trade Secret Update 2024 Legal Developments and Trends
The U.S. Patent and Trademark Office (USPTO) has canceled long-standing trademark registrations for “Super Hero” and “Super Heroes,” which had been previously jointly owned by Marvel and DC Comics....more
The US Court of Appeals for the Federal Circuit affirmed a district court decision dismissing claims under the Administrative Procedure Act (APA) and Federal Tort Claims Act (FTCA) against the US Patent & Trademark Office...more
For years, artificial intelligence (AI) has been deployed in the networking industry to make evaluations and predictions about computer networks for the purpose of improving overall efficiency, performance, and security. ...more
As AI tools become more prevalent in the life sciences, biotechnology companies need to evaluate AI’s impact on their ability to protect the results of their research. Recent U.S. Patent and Trademark Office (PTO) guidance...more
On October 4, 2024, Amgen filed Case No. 1:24-cv-09555 (N.D. Ill.) against Fresenius Kabi, alleging FKS518 (denosumab), its proposed Prolia® / Xgeva® (denosumab) biosimilar, would infringe 33 of Amgen’s patents....more
Flava Works used to file a good number of file-sharing lawsuits. I have not seen alot lately. However, they have just filed a mass Doe Defendant lawsuit in Illinois Federal Court (Northern District) alleging copyright and...more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of September 30-October 6. Here’s...more
Non-compete agreements can be an effective method for protecting confidential and proprietary business information. However, over the past several years, it seems that non-compete agreements have been falling out of favor....more
Precedential and Key Federal Circuit Opinions - PROVISUR TECHNOLOGIES, INC. v. WEBER, INC. [OPINION] (23-1438, 10/2/24) (Moore, Taranto, Cecchi) - Moore, J. The Court reversed the denial of judgment as a matter of law...more
Provisur Technologies, Inc. v. Weber, Inc., et al., No. 2023-1438 (Fed. Cir. (W.D. Mo.) Oct. 2, 2024). Opinion by Moore, joined by Taranto and Cecchi (sitting by designation)....more
On Oct. 1, 2024, the U.S. Patent and Trademark Office (USPTO) issued a final rule governing Director Review of Patent Trial and Appeal Board (PTAB) decisions in contested proceedings brought under the America Invents Act...more
With the release of OpenAI’s ChatGPT in 2022 and the proliferation of competing large language models, the demand for Generative AI use cases has skyrocketed and, with it, the demand for processing power and computer chips...more
Brand owners in China continue to grapple with recurring problems of trademark squatting, hijacking, and infringement. Some malicious trademark agencies employ complex strategies to assist individuals or entities acting in...more
The Patent Trial and Appeal Board (PTAB) in an inter partes review: Keysight Technologies, Inc. and Palo Alto Networks, Inc. v. Centripetal Networks, LLC found a rule set file used by a network security program to be a...more
Managing third-party risk can feel like fighting a hydra — mitigate one risk factor and two more appear in its place. From cybersecurity to business continuity planning, vendor evaluation and onboarding, and more, doing...more
The Servier case: The game isn’t over yet - The European Court of Justice recently issued seven judgments in the landmark "Servier" case, confirming the anticompetitive nature of "pay-for-delay" agreements between...more
Understanding the definition of a trade secret under federal law is crucial for businesses looking to protect their valuable information. Trade secrets are also defined by state law. While there is no single, universal...more
The Federal Circuit determined that if a company misleads consumers about the nature of a product by making false patent marking claims, it can be held liable under the Lanham Act. False marking claims under the Lanham Act...more
On 8 July 2024, Hong Kong's Commerce and Economic Development Bureau (“CEDB”), along with the Intellectual Property Department (“IPD”), released a public consultation paper on copyright and artificial intelligence (AI)...more
Pegfilgrastim 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
Tocilizumab Challenged Claim Types in IPRs: Claims are counted in each IPR, so claims from the same patent challenged in multiple IPRs are counted more than once. Within each IPR, claims are counted only once, whether they...more
American Girl, LLC v. Zembrka, No. 21-cv-1381 (2d Cir. September 17, 2024) - On September 17, 2024, the Second Circuit concluded that under New York’s Long Arm Statute, a business that receives a single product order,...more
In March 2024, the Indian Ministry of Commerce and Industry published changes to its 2003 Patent Rules. These applicant-friendly changes include (1) a relaxation in the rules relating to the submission of information...more
The court in American Cyanide Co. (No. 1) v. Ethicon Ltd. (1975) UKHL 1, established guidelines for when courts should grant interim injunctions. There, an American company, American Cyanide, claimed a British company,...more
The United States Patent and Trademark Office (USPTO) has announced that the After Final Consideration Pilot Program (AFCP 2.0) will expire on December 14. The current program will remain in effect until that date....more