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Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Robins Kaplan LLP

Allergan USA, Inc. v. MSN Labs. Private Ltd. - Viberzi® (eluxadoline)

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Case Name: Allergan USA, Inc. v. MSN Labs. Private Ltd., 111 F.4th 1358, 2024 WL 3763599 (Fed. Cir. Aug. 13, 2024) (Circuit Judges Lourie, Dyk, and Reyna presiding; Opinion by Lourie, J.; Opinion concurring-in-part and...more

Jones Day

A Rollback on Referral to the EBA Regarding Adaptation of Description

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The European Patent Office ("EPO") currently requires applicants to adapt descriptions to allowable claims. This practice is risky, expensive, and not clearly grounded in the law....more

Seyfarth Shaw LLP

Gourd-Geous Designs – The Halloween Patent That Makes Carving a Breeze!

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Halloween is a time for goblins, ghouls, and—if you’re an inventor—a whole lot of creative thinking! Among the cauldron of Halloween patents, one particularly clever design stands out: a patented method for decorating...more

Robinson+Cole Data Privacy + Security Insider

Honeywell Asserts Barcode-Scanning Patents Against Scandit AG

Swiss company Scandit AG created an application called ShelfView, which enables retailers to verify the prices of various products and ensure that associated promotions are correctly updated. The application utilizes barcode...more

Nelson Mullins Riley & Scarborough LLP

Key Policy Work for Intellectual Property Owners at ICANN81

Virtual and in-person attendees at the upcoming ICANN81 Annual General Meeting in Istanbul, Türkiye can look forward to a busy and engaging event from Nov. 9-14. ...more

Seyfarth Shaw LLP

Café con Cannabis – California’s Cannabis Café Law and Trademark Considerations

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Recent legislative changes in California have opened up exciting opportunities for cannabis lounges and retailers. With a new law allowing on-premise consumption areas, the sale of food and drinks, and the hosting of live...more

Baker Botts L.L.P.

The Dangers of Secret Prior Art

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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

Kilpatrick

Bring Back the Models – Shut Down the Patent Trolls

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Imagine your company is suddenly inundated with dozens of baseless patent infringement lawsuits. This scenario is becoming all too common as corporate America grapples with a post-COVID surge in frivolous patent claims,...more

Haug Partners LLP

TTAB Decision Highlights The Importance of Accurately Describing Goods and Services In Trademark Applications

Haug Partners LLP on

Recently, the Trademark Trial and Appeal Board (the “TTAB”) affirmed the decision to cancel Registration Nos. 5,376,467 and 5,376,466, for the marks SMARTLOCK and SMARTLOCK with design (the “Smartlock Marks”), in the name of...more

Goodwin

FDA Approvals of AI Medical Devices Rise Rapidly

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Over the past decade, FDA approvals of artificial intelligence and machine learning (AI/ML)–enabled medical devices have surged. They reached a record high of 221 last year, according to data tracing back to 1995....more

Irwin IP LLP

District Court in the Claim Construction Zone: Federal Circuit Permits at Rule 12 Stage

Irwin IP LLP on

UTTO Inc. v. Metrotech Corp., No. 2023-145 (Fed. Cir. Oct. 18, 2024) - On October 18, 2024, the United States Court of Appeals for the Federal Circuit issued a precedential decision in UTTO Inc. v. Metrotech Corp., No....more

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

I'm Not Dead Yet! NYT Connections Puzzle Snafu and How to Prevent Genericide 

Popular brands face attacks from all sides, from competitors trying to chip away at market share, to bad actors seeking to profit from counterfeit or knockoff products. However, one lesser-known threat arises when your...more

DLA Piper

Unlocking AI and Sourcing 

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In a recent webinar forming part of DLA Piper’s ‘Digital Evolution in conversation with’ series, Technology Transactions and Sourcing partner Lauren Hurcombe caught up with Gareth Stokes and Jeanne Dauzier, DLA Piper’s...more

Harris Beach PLLC

Strategies for Patenting AI-Related Inventions

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The rapid advancement of artificial intelligence has created unprecedented opportunities for innovation, but securing patent protection for AI-related inventions remains challenging under current U.S. patent law....more

Fitch, Even, Tabin & Flannery LLP

IP Alert: From King James to the King of Jazz: IP Issues in Tattoo Art

Copyright law protects creative works that are “fixed in any tangible medium of expression”—but it is hard to imagine that the drafters of this language envisioned that the human body would become such a popular medium of...more

Katten Muchin Rosenman LLP

No Confusion From Keywords: Federal Courts of Appeals Help Defendants Facing Trademark Suits on Paid Search - Kattison Avenue |...

In October 2024, both the US Courts of Appeals for the Second and Ninth Circuits issued published decisions that rejected trademark infringement claims based on advertising in keyword searches. While not precedent-breaking,...more

Mintz - Intellectual Property Viewpoints

The New Rubric for Obviousness-Type Double Patenting

The basis for obviousness-type double patenting (ODP) is found in 35 U.S.C. § 101, establishing an applicant is entitled to a single patent, “a patent” or the “first” patent, for an invention....more

Robins Kaplan LLP

Astellas Pharma, Inc. v. Sandoz Inc. - Myrbetriq® (mirabegron)

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Case Name: Astellas Pharma, Inc. v. Sandoz Inc., Nos. 2023-2032, 2023-2063, 2023-2089, 2024 WL 4219374 (Fed. Cir. Sept. 18, 2024) (Circuit Judges Lourie, Prost, and Reyna presiding; Opinion by Lourie, J.) (Appeal from D....more

Weintraub Tobin

(Podcast) The Briefing: The Dark Side of Halloween – Unlicensed Costumes and the Legal Haunt

Weintraub Tobin on

Halloween is here, but beware! That killer costume might come with a lawsuit instead of candy. Scott Hervey and Tara Sattler discuss the legal threats associated with unlicensed costumes on this spooky episode of The...more

Alston & Bird

Patent Case Summaries | Week Ending October 2024

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NexStep, Inc. v. Comcast Cable Communications, LLC, Nos. 2022-1815, -2005, -2113 (Fed. Cir. (D. Del.) Oct. 24, 2024). Opinion by Chen, joined by Taranto. Opinion concurring in part and dissenting in part by Reyna....more

Weintraub Tobin

The Briefing: The Dark Side of Halloween – Unlicensed Costumes and the Legal Haunt

Weintraub Tobin on

Halloween is here, but beware! That killer costume might come with a lawsuit instead of candy. Scott Hervey and Tara Sattler discuss the legal threats associated with unlicensed costumes on this spooky episode of The...more

McDermott Will & Emery

Promises, Promises: Covenant Not to Sue for Patent Infringement Includes Downstream Users

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The US Court of Appeals for the Tenth Circuit affirmed that a district court did not err in applying ordinary rules of contract construction to a covenant not to sue and properly found that under the patent exhaustion...more

McDermott Will & Emery

Final Rule on DMCA Grants Circumvention Exemptions

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On October 25, 2024, the Librarian of Congress Carla Hayden adopted a final rule granting exemptions to a Digital Millennium Copyright Act (DMCA) provision that prohibits circumvention of technological measures that control...more

McDermott Will & Emery

Pre-Markman Claim Construction Is OK, Within Limits

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In an appeal stemming from the denial of a preliminary injunction and dismissal of the complaint, the US Court of Appeals for the Federal Circuit clarified its precedent and explained that a district court may construe claims...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | October 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified...more

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