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Intellectual Property Family Law

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

Navigating Facilities Management Outsourcing in a Post-COVID World

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The COVID-19 pandemic has significantly reshaped the facilities management (FM) outsourcing landscape. Companies have transitioned from fully office-based work to home-based work, and now to hybrid models, prompting a...more

DLA Piper

Effect of Patent Term Extensions on Obviousness-type Double Patenting

DLA Piper on

The US Court of Appeals for the Federal Circuit issued its opinion in Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 24-1061 (Fed. Cir. 2024), holding that “a first-filed, first-issued, later-expiring claim cannot...more

Smart & Biggar

Supporting Canada’s green transition: the untapped potential of CIPO’s Green Technologies Program

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Since at least 2009, Canada has consistently ranked among the top ten countries for patent filings related to climate change mitigation and adaptation technologies. This is no surprise given Canada’s patent friendly courts...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2024 #3

UTTO Inc. v. Metrotech Corp., Appeal No. 23-1435 (Fed. Cir. Oct. 18, 2024) In its only precedential patent decision this week, the Court analyzed the extent to which claim construction is appropriate on a motion to...more

A&O Shearman

Trial Court Determination That A Complaint Allegation Is Conclusory Is Subject To De Novo Review

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On October 8, 2024, the U.S. Court of Appeals for the Federal Circuit vacated a decision by the District of Connecticut that had dismissed AlexSam, Inc.’s patent infringement claims against Aetna, Inc. AlexSam had alleged...more

A&O Shearman

District Court Denies Regeneron’s Motion For Preliminary Injunction To Block Amgen’s Eylea Biosimilar

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On September 23, 2024, Judge Kleeh of the Northern District of West Virginia denied Regeneron Pharmaceuticals, Inc.’s (“Regeneron”) motion for a preliminary injunction against Amgen Inc. (“Amgen”) related to Amgen’s filing of...more

A&O Shearman

Data scraping for AI development – still no progress in the TDM debate

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Image Alex Shandro It appears that the debate surrounding the UK’s Text and Data Mining (TDM) exception is about to reignite. TDM exceptions are key to assessing the legality of training generative AI models, and to...more

Morgan Lewis

‘A Second Bite at the Apple’: Copyright Case Highlights Section 203 Recapture Rights

Morgan Lewis on

A recent decision that will allow rap group 2 Live Crew to terminate a prior transfer of its copyrighted songs to a record label is a reminder that, due to a unique provision of the Copyright Act of 1976, every company that...more

Orrick, Herrington & Sutcliffe LLP

Debit card patent suit revived by Federal Circuit

Recently, the U.S. Court of Appeals for the Federal Circuit affirmed in part, vacated in part and remanded a district court’s dismissal of a patent suit against a healthcare company. The plaintiff alleged that the healthcare...more

Dunlap Bennett & Ludwig PLLC

The Utah “Hockey Club” – How The New Utah NHL Team Is Protecting Its Brand Flexibility With Intent-To-Use Trademark Applications

“Let’s Go Hockey Club!” does not evoke the same level of inspiration as “Let’s Go Hawks!” What’s Happening with the New Utah NHL Team? Utah will be the first team in the National Hockey League (“NHL”) not to have a mascot....more

Patterson Belknap Webb & Tyler LLP

X Doesn’t Mark the Spot: Judge Halpern Denies a Motion for Summary Judgment That Alleged Failure to Comply with Marking Statute

On October 4, 2024, District Judge Philip M. Halpern (S.D.N.Y.) denied Defendant Regeneron Pharmaceuticals Inc. (“Regeneron”)’s Motion for Summary Judgment that (1) Allele was not entitled to any pre-suit infringement damages...more

Morris, Manning & Martin, LLP

Legal Issues Around AI Are Real. And Complex.

Last week I had the pleasure of sitting down and discussing the legal implications of AI with a group of General Counsels. This group of GCs represented companies from the Fortune 100 all the way to mid-size enterprises. That...more

DLA Piper

Clarifying the Enforceability of Post-patent Expiration Royalties Under Brulotte

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A closer look at Ares Trading S.A. v. Dyax Corporation - The August 2024 Third Circuit decision in Ares Trading S.A. v. Dyax Corporation contributes to the discussion of Brulotte and its progeny. Similar to C.R. Bard v....more

DLA Piper

Teva Ordered to Delist Inhaler Patents From FDA Orange Book

DLA Piper on

In Teva Branded Pharm. Prods. R&D v. Amneal Pharms. of N.Y., LLC, the US District Court for the District of New Jersey ordered Teva to delist five patents from the Food and Drug Administration (FDA)’s Approved Drug Products...more

International Lawyers Network

Personality Rights – The Power of Influence, Its Misuse and Protection

INTRODUCTION - Publicity rights play an important role in India based on the culture of celebrity worship and the importance of the name, image, and likeness of sports, television and media personalities, political figures,...more

Sullivan & Worcester

Federal Circuit Holding in Crocs v. Effervescent Puts the Shoe on the Other Foot

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On October 3, 2024, in Crocs, Inc. v. Effervescent, Inc., the U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued a precedential opinion ruling that a brand’s false claim of patent ownership in a product...more

A&O Shearman

HALLOUMI collective mark fails to prevent trade mark registration for GRILLOUMI

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The High Court has recently upheld the UKIPO’s decision that GRILLOUMI and GRILLOUMAKI can be registered as trade marks, despite opposition from the owners of the collective mark HALLOUMI. This decision highlights the...more

DLA Piper

First of its Kind – Hamburg Regional Court Ruling on Artificial Intelligence and Copyright in Germany

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As the first court in Germany, the Hamburg Regional Court (‘Landgericht Hamburg‘) ruled on Artificial Intelligence whether datasets used for AI training activities may infringe German copyright law (Judgment as of 27...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – Potential cap on AI chip exports, New York Times’ cease and desist letter to Perplexity, high school student...

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

Axinn, Veltrop & Harkrider LLP

Apportionment of Trade Secret Damages: Will Phillips 66 Ask A Six Hundred Million Dollar Question?

In a trade secret misappropriation action, a complainant is required to prove the amount of its damages with reasonable certainty and that this amount has been caused by the misappropriation. Therefore, the trade secret...more

Fitch, Even, Tabin & Flannery LLP

[Webinar] Navigating the Changes to the Test for Obviousness in Design Patents After LKQ Corp. v. GM Global - October 29th, 9:00...

Please join Fitch Even for a free webinar, “Navigating the Changes to the Test for Obviousness in Design Patents After LKQ Corp. v. GM Global,” on Tuesday, October 29, at 9:00 a.m. PDT / 10:00 a.m. MDT / 11:00 a.m. CDT / 12...more

AEON Law

Patent Poetry: Patent Office Terminates 3,100 Applications for Fraudulent Signatures

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The US Patent and Trademark Office (USPTO or Office ) has issued a final order terminating 3,100 patent applications for intent to deceive the Office via fraudulent “S-signatures.”...more

AEON Law

Patent Poetry: Supreme Court Denies Cert on Patent and Trademark Cases

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The US Supreme Court has denied cert on several cases involving patents and trademarks, meaning that the Court will not consider the appeals and the lower court rulings will stand....more

Fitch, Even, Tabin & Flannery LLP

IP Alert: Allergan Limits Cellect, But Leaves Ambiguity in ODP Analysis

On August 13, the Federal Circuit, in Allergan USA, Inc. v. MSN Laboratories Private Ltd., held that a “first-filed, first-issued, later-expiring claim cannot be invalidated by a later-filed, later-issued, earlier-expiring...more

Dickinson Wright

Key Takeaways from Claim Examples in the 2024 AI Patent Eligibility Guidance: A 3-Part Series

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Part 1 - On July 17, 2024, the U.S. Patent and Trademark Office (the Office) released new guidance on subject matter eligibility, entitled “The 2024 Patent Subject Matter Eligibility Guidance Update Including on Artificial...more

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