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Intellectual Property Insurance

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Robinson+Cole Data Privacy + Security Insider

Artists’ Copyright Infringement Suit Against AI Companies Can Proceed

In 2023, visual artists Sarah Andersen, Kelly McKernan, and Karla Ortiz filed a class action lawsuit against several Artificial Intelligence (AI) companies, alleging that the companies’ various AI models violated copyright...more

Goodwin

Accord Biopharma Announces FDA Approval of IMULDOSA (ustekinumab-srlf)

Goodwin on

​​​​​​​On October 14, 2024, Accord BioPharma, Inc. announced that the FDA has approved IMULDOSA (ustekinumab-srlf), a biosimilar to Johnson & Johnson’s STELARA (ustekinumab), indicated for the treatment of chronic...more

Weintraub Tobin

(Podcast) The Briefing: The Fall of SUPER HERO – When Trademarks Become Generic

Weintraub Tobin on

For more than half a century, Marvel Comics and DC Comics have jointly owned the trademark ‘Superhero.’ However, the Trademark Trial and Appeal Board recently granted a petition to cancel that mark because it became generic....more

Weintraub Tobin

The Briefing: The Fall of SUPER HERO – When Trademarks Become Generic

Weintraub Tobin on

For more than half a century, Marvel Comics and DC Comics have jointly owned the trademark ‘Superhero.’ However, the Trademark Trial and Appeal Board recently granted a petition to cancel that mark because it became generic....more

Erise IP

What’s Trending in Trademarks, October 2024: T.I., Tiny Win $71.5M Verdict for OMG Girlz, Second Circuit Holds Against 1-800...

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Third...more

Jones Day

PTAB Rule Permits Solo Representation and Automatic Pro Hac Vice Admission

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On October 10, 2024, the USPTO issued a final rule allowing parties to proceed without backup counsel in AIA proceedings and implementing an automatic admission process for pro hac vice attorneys. Full text of the final rule...more

ArentFox Schiff

Global Perspective on Patenting of AI Technologies

ArentFox Schiff on

The rapid advancement of artificial intelligence (AI) technologies is fueling a surge in global patent filings for AI-related innovations, but differences in national patent laws and examination standards for such inventions...more

Venable LLP

Amgen Plans At-Risk Launch of EYLEA® Biosimilar Pavblu™ After Federal Circuit Lifts Temporary Injunction

Venable LLP on

On October 22, 2024, the Federal Circuit (CAFC Case No. 24-2351) denied Regeneron’s request for an injunction pending appeal for Amgen’s EYLEA® (aflibercept) biosimilar Pavblu™ (aflibercept-ayyh), concluding that “Regeneron...more

Womble Bond Dickinson

Federal Circuit: Claim Construction Not Forbidden Per Se at Motion to Dismiss Stage

Womble Bond Dickinson on

On October 18, 2024, the Federal Circuit issued a precedential decision in UTTO Inc. v. Metrotech Corp., No. 2023-145 (Fed. Cir. Oct. 18, 2024), addressing, in relevant part, the propriety of claim construction at the Rule 12...more

Dorsey & Whitney LLP

Testing the Limits of Copyright Protection for A.I.-Generated Art - Colorado Artist Challenges Registration Refusal in Court

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Two years ago, the Colorado State Fair’s annual art competition sparked controversy after awarding a blue ribbon to a work generated in part by A.I. Jason Allen, the artist responsible for the work, said at the time, “I won,...more

Goodwin

Federal Circuit Denies Injunction Pending Appeal After Amgen Beat Preliminary Injunction for Biosimilar Aflibercept

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As we previously reported, on September 24, 2024, the District Court for the Northern District of West Virginia denied Regeneron’s motion seeking a preliminary injunction preventing Amgen from launching its FDA-approved...more

Goodwin

GlaxoSmithKline and Northwestern Sue Moderna for Patent Infringement in Trio of Lawsuits

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Last week, GlaxoSmithKline and Northwestern University filed separate lawsuits against Moderna, accusing its mRNA-based vaccines of patent infringement....more

McDermott Will & Emery

If Provider Knew Product Would Be Used to Infringe, It Is a Contributor

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In a case brought by a group of record labels against an internet service provider (ISP) for contributory copyright infringement of more than 1,400 songs, the US Court of Appeals for the Fifth Circuit ruled that the provider,...more

McDermott Will & Emery

No Leave, No Appeal: UPC Court of Appeal Denies Request for Discretionary Review

McDermott Will & Emery on

The Court of Appeal (CoA) of the Unified Patent Court (UPC) ruled that if a party wishes to appeal against a procedural order, and leave to appeal has not already been granted in the order, the party must first apply to the...more

McDermott Will & Emery

No Need to Call for Backup at the PTAB (Sometimes)

McDermott Will & Emery on

The US Patent & Trademark Office (PTO) published a final rule entitled, Expanding Opportunities to Appear Before the Patent Trial & Appeal Board; 89 Fed. Reg. 82172 (Oct. 10, 2024)....more

McDermott Will & Emery

Jurisdiction “Found”: Navigating E-Commerce Boundaries in Copyright Disputes

McDermott Will & Emery on

In a copyright case, the US Court of Appeals for the Tenth Circuit determined that the district court had jurisdiction over two Chinese companies that consented to jurisdiction in any judicial district in which a third-party...more

McDonnell Boehnen Hulbert & Berghoff LLP

Teva v. Amneal -- Amneal's Responsive Brief & Teva's Reply Brief

The Federal Circuit has been petitioned by plaintiff Teva Branded Pharmaceutical Products R&D, Inc. to reverse a decision in favor of Defendant Amneal Pharmaceuticals wherein the District Court entered an injunction ordering...more

Thomas Fox - Compliance Evangelist

Branding Lessons from Bela Lugosi’s Count Dracula for the Modern Compliance Professional

Ed. Note: This week, leading up to Halloween, I will examine lessons for compliance professionals through the lens of the great Universal Movie Monsters: Frankenstein, Wolfman, Dracula, and The Mummy. Today, we consider Bela...more

Quarles & Brady LLP

Rocket Docket: Fast Track to Examination

Quarles & Brady LLP on

While obtaining a design patent is often quicker than obtaining a utility patent, current design patent application pendency is often still a lengthy period of time. Based on data released by the USPTO in July 2024 and shown...more

Snell & Wilmer

Federal Circuit Clarifies Legal Doctrines in Trade Dress and Litigation Privilege: Key Takeaways from Toyo v. Atturo

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The Federal Circuit recently issued a nonprecedential decision in Toyo Tire Corp. v. Atturo Tire Corp., concerning Toyo’s alleged trade dress in its tires, and Atturo’s counterclaims premised on Toyo’s settlement negotiations...more

Cooley LLP

Inventorship in the Age of AI

Cooley LLP on

Generative artificial intelligence (AI) has become an essential tool in the drug discovery process. Trained with input regarding target engagement and desired pharmacological properties, or prompted to identify compounds that...more

Hogan Lovells

Is cheating copyright infringement? CJEU clarifies specific protection of computer programs

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In its recent judgment in Sony Interactive Entertainment v. Datel, the CJEU ruled on the specific copyright protection of computer programs under Directive 2009/24/EC (Case C‑159/23). The CJEU found that while “cheating...more

Orrick, Herrington & Sutcliffe LLP

First Significant EU Decision Concerning Data Mining and Dataset Creation to Train Artificial Intelligence

A court in Hamburg, Germany, has decided a copyright infringement case in a way that sheds light on how European courts may apply the text and data mining (TDM) exemption to AI model developers. The exemption is contained in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Is Theft of Trade Secrets a Crime Under Federal Law?

Is Theft of Trade Secrets a Crime Under Federal Law? Yes. In this installment, we’ll focus on the Economic Espionage Act (EEA) and the Defend Trade Secrets Act (DTSA), as well as the Computer Fraud and Abuse Act (CFAA). Theft...more

DLA Piper

Five Intellectual Property Considerations for Talent Partnerships

DLA Piper on

In today’s rapidly evolving digital landscape, the intersection of technology and entertainment raises new challenges and opportunities in the realm of talent partnerships. With generative artificial intelligence’s growing...more

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