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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

McDermott Will & Emery

End of an Era: PTO Terminates AFCP 2.0 Amid Fee Concerns

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The US Patent & Trademark Office (PTO) announced the termination of the After Final Consideration Pilot Program (AFCP) 2.0, effective December 15, 2024. Launched in 2013, AFCP 2.0 aimed to streamline the patent examination...more

Weintraub Tobin

(Podcast) The Briefing: Trump Train Derailed In “Electric Avenue” Copyright Lawsuit

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Donald Trump is facing another lawsuit from a musician who objects to the use of their music at campaign events and rallies. Scott Hervey and Jamie Lincenberg discuss this latest challenge on this episode of The Briefing....more

Weintraub Tobin

The Briefing: Trump Train Derailed In “Electric Avenue” Copyright Lawsuit

Weintraub Tobin on

Donald Trump is facing another lawsuit from a musician who objects to the use of their music at campaign events and rallies. Scott Hervey and Jamie Lincenberg discuss this latest challenge on this episode of The Briefing....more

Venable LLP

Protecting Your Intellectual Property Rights in Data

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To protect its data and better compete in the market, an organization must treat its data as an intellectual property. That means understanding the different intellectual property regimes and their accompanying requirements....more

Arnall Golden Gregory LLP

A Potential Poison Pill for Dosage Claims

On August 14, 2024, the US District Court for the District of Delaware entered final judgment in Wyeth—a patent infringement case relating to pharmaceuticals for treating non-small cell lung cancer (“NSCLC”)—vacating a jury...more

Seyfarth Shaw LLP

Marvel and DC Lose “Super Hero” Trademark Registration

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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

McDermott Will & Emery

Got Pillaged? Not If You Didn’t Follow the APA and FTCA

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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

Mintz - Intellectual Property Viewpoints

Contemplating the Impact of the USPTO’s AI-Focused Patent Eligibility Guidance on Networking Applications

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

Orrick, Herrington & Sutcliffe LLP

Developing and Patenting AI Inventions: 5 Things for Biotech Companies to Consider

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

Venable LLP

Amgen Files Fourth BPCIA Lawsuit Against Proposed Prolia® / Xgeva® Biosimilar - Fresenius Kabi’s FKS518

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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

Vondran Legal

Flava Works sues 23 DOES in Illinois

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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

Array

This Week in eDiscovery: Discovery and Litigation Funding | AI-Written Orders

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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

Dinsmore & Shohl LLP

Trade Secret Protection as a “Trade-Off” for Non-Competes

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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

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