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McDermott Will & Emery

Data Mining for AI Systems Training Permitted Under German Law

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In a landmark decision, a German district court recently decided that copying images to create a data set that can potentially be used for training generative artificial intelligence (AI) systems does not infringe German...more

McDermott Will & Emery

Equivalence Requires Element-by-Element Proof With Linking Argument

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The US Court of Appeals for the Federal Circuit affirmed a district court determination that a patent owner had not provided the “particularized testimony and linking argument” required to demonstrate equivalence under the...more

McDermott Will & Emery

Can’t Stop the FRAND: Navigating SEP Licensing Disputes

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The US Court of Appeals for the Federal Circuit vacated a district court’s decision to deny an antisuit injunction prohibiting a patent owner from enforcing injunctions that it obtained in Columbia and Brazil on standard...more

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

Historical Development of Substantial New Question contrasted with the new Section 325(d) Criteria

Ex parte reexamination proceedings have been available for over 40 years. The reexamination statutes, Public Law 96-517 of July 1, 1981 (also known as the Bayh-Dole Act), included 35 U.S.C. § 303, which codified, in part,...more

Robins Kaplan LLP

Novartis Pharms. Corp. v. Becerra - Entresto® (sacubitril/valsartan)

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Case Name: Novartis Pharms. Corp. v. Becerra, No. 24-CV-02234 (DLF), 2024 WL 3823270 (D.D.C. Aug. 13, 2024) (Friedrich, J.)....more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Vacates and Remands District Court’s Fee Award Due to Consideration of Irrelevant 'Red Flags'

The Federal Circuit vacated a district court’s fee award because the district court considered certain information that was not relevant to the question of whether plaintiff’s case was exceptional. Specifically, the Federal...more

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

How Petitions Affect Reexamination and Reissue Prosecution and Clarification of a Dismissed Petition

This month we take a deeper dive into petitions practice for cases handled by the Central Reexamination Unit (CRU). As noted in our previous article, issues of first impression sometimes arise in cases before the CRU where...more

McDermott Will & Emery

“Conquesting”: Use of Rival’s Name as Keyword Search Term Isn’t Actionable Under Lanham Act

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Noting how rare it is for trademark infringement cases to be decided on summary judgment, the US Court of Appeals for the Ninth Circuit affirmed a district court’s grant of summary judgment finding that the plaintiff law firm...more

Goodwin

EMA Accepts Marketing Authorization Application for Alvotech’s AVT05 (golimumab)

Goodwin on

​​​​​​​On November 4, 2024, Alvotech and Advanz Pharma announced that the European Medicines Agency (EMA) has accepted a Marketing Authorization Application for AVT05, Alvotech’s biosimilar to Simponi® (golimumab), for the...more

Smart & Biggar

[Webinar] Developing a sound global trademark filing strategy: key considerations and best practices - November 21st, 12:00 pm -...

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Join us for an insightful webinar with our trademark experts, who will guide you through the complexities of global trademark filing. Over this 45-minute session, you will learn how to protect and expand your brand...more

Troutman Pepper

Introduction to No Infringement Intended Podcast - No Infringement Intended

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No Infringement Intended is your go-to podcast for exploring the fascinating intersection of intellectual property and pop culture. Join hosts Rusty Close and Austin Padgett as they delve into the IP issues that shape the...more

DLA Piper

Navigating the Legal Intricacies of Scraping Personal Data for AI Development

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Part 1: 5 Essential safeguards for website operators - In the rapidly evolving world of artificial intelligence, data scraping is a hot topic. The copying of online text, images and videos has beneficial use cases (e.g....more

Arnall Golden Gregory LLP

The Pitch - October 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Dickinson Wright

Part 2: Key Takeaways from Claim Examples in the 2024 AI Patent Eligibility Guidance

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This is the second post in a 3-part series. Example 48 is described below, which is directed to analyzing speech signals and separating desired speech from extraneous or background speech using AI....more

International Lawyers Network

THAT’S NOT TRUE: Thoughts, Novel or Not, On Truth, Context, & Defamation

Defamation cases are hard ones in the real world. Recent US matters involving Dominion Voting,  Sara Palin, and even Cheetos show that these cases continue to interest the general public as well as legal cognoscenti....more

Venable LLP

Lessons Gleaned from the MetaBirkin Case on Appeal - Trademark Use Versus Artistic Expression Regarding NFTs

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The U.S. Court of Appeals for the Second Circuit recently heard oral argument in an appeal from a jury verdict that found in favor of Plaintiffs Hermès International and Hermès of Paris, Inc. ("Hermès") against Mason...more

WilmerHale

Federal Circuit Patent Watch: Expert’s “Word Salad” Testimony Not Sufficient to Support a Finding of Infringement under the...

WilmerHale on

Precedential and Key Federal Circuit Opinions - NEXSTEP, INC. v. COMCAST CABLE COMMUNICATIONS, LLC [OPINION] (2022-1815, 2022-2005, 2022-2113, 10/24/2024) (Reyna, Taranto, Chen) - Chen, J. The Court affirmed the...more

A&O Shearman

EU Commission issues EUR462.6 million antitrust fine in landmark decision on ‘divisionals game’ and disparagement

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On October 31, 2024, the European Commission (EC) fined Teva Pharmaceutical Industries Limited and Teva Pharmaceuticals Europe BV (Teva) EUR462.6 million for abusing a dominant position in several EU Member States on the...more

Robins Kaplan LLP

Teva Branded Pharm. Products R&D, Inc. v. Deva Holding A.S. - ProAir® HFA (albuterol sulfate)

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Case Name: Teva Branded Pharm. Products R&D, Inc. v. Deva Holding A.S., Civ. No. 24-4404 (SRC), 2024 WL 3966314 (D.N.J. Aug. 28, 2024) (Chesler, J.)....more

Baker Botts L.L.P.

Intellectual Property Report November 2024

Baker Botts L.L.P. on

It is well-established that the availability of a prior art reference is dependent on the “effective filing date” of a patent or patent application. Any practitioner seeking to invalidate a patent knows that the ideal...more

Dorsey & Whitney LLP

IP Shell Games: Supreme Court to Review Liability of Corporate Affiliates for Trademark Infringement

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In a potential shakeup for corporate liability, the Supreme Court will hear oral argument this year on whether a real estate developer’s corporate affiliates should be responsible for a $46.6 million trademark infringement...more

Foley Hoag LLP - Cannabis and the Law

New York Finally Re-Opens Cannabis Application Round for Brand Licensing

New York is unique among state-regulated cannabis markets for a host of different nuances and complexities, but among them is the Type 3 – Processor Branding License, which provides, among other things, that third-party...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – New regulations for investments in Chinese tech firms, AI “hallucinations,” major upgrade to ChatGPT, and more

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

Vicente LLP

New York Accepting Cannabis Business Applications for Adult-Use Processor Type 3 Branding Licenses

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The Adult-Use Processor Type 3 Branding license (Brand License) authorizes the license holder to market their brand(s) in New York State's adult-use cannabis market by entering into white labeling agreements with other...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - November 2024

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Ohio Attorney General Dave Yost’s office asked a federal judge on Thursday to intervene in a lawsuit filed by the Cleveland Browns to test the “Modell Law,” a state law designed to stop teams from leaving cities that...more

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