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DLA Piper

USPTO Issues Final Rule Regarding Process for Director Review

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US Patent and Trademark Office (USPTO) Director Kathi Vidal recently issued a new final rule establishing the process for Director Review of some Patent Trial and Appeal Board (PTAB) decisions. This final rule, effective...more

DLA Piper

Silvergate Pharmaceuticals v. Bionpharma: The Relevance of Offers of Confidential Access Under the Hatch-Waxman Statute and Awards...

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In Silvergate Pharmaceuticals, Inc. v. Bionpharma Inc., the US District Court for the District of Delaware decided an open question regarding pre-filing investigation and attorney fees under Title 35 of the US Code, Section...more

DLA Piper

Delaware Court of Chancery Patent Ownership Dispute Addresses Jurisdiction for Pharmaceutical Companies

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A litigation regarding patent ownership rights is heating up in the Delaware Court of Chancery, a court of equity that is an atypical forum for pharmaceutical company and intellectual property disputes. CyDex Pharmaceuticals,...more

DLA Piper

Astellas Case Highlights Patent Eligibility Under Section 101 and the Party Presentation Principle

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In Astellas Pharma Inc. v. Sandoz Inc., the US Court of Appeals for the Federal Circuit vacated a sua sponte district court ruling that found Astellas’s asserted patent ineligible under Title 35 of the US Code, Section 101....more

Arnall Golden Gregory LLP

Best Practices for Brands in Connection With Celebrity Endorsements, Testimonials, and Influencer Marketing Activities

On November 15, 2024, in Dallas, Texas, a 27-year-old social media influencer fought a 58-year-old boxing legend and approximately 108 million people tuned in to witness the spectacle. While not quite the Super Bowl, the...more

Sheppard Mullin Richter & Hampton LLP

Andersen Plaintiffs Strategically Dismiss § 1202(b) Claims Pending Interlocutory Appeal in Github Case

In a strategic move to preserve their right to seek reconsideration of previously dismissed DMCA § 1202(b) claims, the plaintiffs in Andersen v. Stability AI have voluntarily dismissed with prejudice all DMCA claims. The...more

Erise IP

What’s Trending in Trademarks: November 2024: Injunction Upheld in OpenAI v. Open AI; USPTO Modifies Audit Practice to Target...

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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: 9th Cir....more

Weintraub Tobin

(Podcast) The Briefing: Turkey, Trademarks, Copyright, and Cranberry Sauce – IP and Recipes

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Tune in to The Briefing’s milestone 200th episode with Scott Hervey and Tara Sattler as they dive into the world of intellectual property and recipes. Can chefs own their culinary creations? Can a recipe be copyrighted? From...more

Weintraub Tobin

The Briefing: Turkey, Trademarks, Copyright, and Cranberry Sauce – IP and Recipes

Weintraub Tobin on

Tune in to The Briefing’s milestone 200th episode with Scott Hervey and Tara Sattler as they dive into the world of intellectual property and recipes. Can chefs own their culinary creations? Can a recipe be copyrighted? From...more

Lathrop GPM

USPTO Announces Patent Fee Hikes for 2025

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The United States Patent and Trademark Office (USPTO) announced on Wednesday that patent-related fees will be raised starting January 19, 2025 to offset forecasted increases in operating cost....more

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

New USPTO Trademark Filing Fees Take Effect January 18 2025

On November 18, 2024, the USPTO issued a final rule to increase certain trademark filing fees. The fees will take effect January 18, 2025. A full list of the changes, including some discontinued filing options, can be...more

BakerHostetler

Getting the Most out of Brand Partnerships with Artists ...Lawfully

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In today’s dynamic market, brand partnerships with artists and musicians have become a powerful strategy for companies looking to enhance their visibility and connect with active and aligned audiences. These campaigns can...more

Seyfarth Shaw LLP

A Vegetarian’s Thanksgiving: How a Patent and a Restriction Requirement Highlight Inclusivity

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Thanksgiving is a time for family, gratitude, and—let’s be honest—lots of food. But for vegetarians, it can feel more like a minefield of side dishes. While others enjoy the turkey, vegetarians are often left piecing together...more

Jones Day

District Court Not Persuaded System Prior Art Evades IPR Estoppel

Jones Day on

On October 25, 2024, the United States District Court for the Eastern District of Pennsylvania ordered Comcast Corporation (“Comcast”) to identify the date on which it learned of each patent, patent application, and printed...more

Lathrop GPM

USPTO Announces Trademarks Fee Hikes and Changes for 2025

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The United States Patent and Trademark Office (USPTO) announced on November 18, 2024, that trademark fees will be raised beginning on January 18, 2025 to offset forecasted increases in operating costs....more

Baker Botts L.L.P.

Trade Secret Litigation: How Will AI Innovations Likely Be Litigated?

Baker Botts L.L.P. on

While trade secret law may not get as much attention as copyright battles, it’s going to be a major player in the future of AI. With decades of legal development, it’s an essential area where companies will need to protect...more

Dorsey & Whitney LLP

A SUPER HERO-ic Trademark Takedown

Dorsey & Whitney LLP on

Last month, the creators of beloved characters like “Superman” and “Spider-Man” declined to come to their own rescue when their SUPER HERO and SUPER HEROES registrations were cancelled by a default judgment from the U.S....more

Katten Muchin Rosenman LLP

Penn State Prevails in Retro Logo Infringement Suit

The Nittany Lions are used to winning on the football field, but last week they also snagged a decisive victory in the courtroom. On November 19, a Pennsylvania jury determined that online retailer, Vintage Brand (“Vintage”),...more

AEON Law

Patent Poetry: Can countries own trademarks?

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Traditionally, trademarks are used to indicate the source of consumer goods and services – from Coca-Cola soft drinks to Apple computers to Jiffy-Lube oil change shops and iTunes music downloads. ...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Defining an Orange Book ‘Drug’

The Federal Circuit heard oral argument on November 8, 2024, grappling with the issue of what patent claims may properly be listed in the Orange Book. In late 2023, Teva filed a complaint for patent infringement in response...more

Ladas & Parry LLP

TTAB favours Airbnb in opposition against competitor TREEBNB mark

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In Airbnb Inc v Seth Bolt and Victoria Bolt, the Trademark Trial and Appeals Board (TTAB) ruled in favour of opposer Airbnb Inc., against applicants Seth and Victoria Bolt. The board’s decision was influenced by, among other...more

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

Sterne Kessler’s Reissue, Reexamination, and Supplemental Examination Practice Tips – November/December 2024

In the mid-2000s, the U.S. Patent Office (USPTO) determined that reexaminations would be more consistent and legally correct if performed by a centralized set of experienced and specially trained Examiners. As a result, the...more

Mayer Brown

A Pennsylvania Jury Hands a Critical Win to Brand Owners

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In a closely watched trademark dispute, a Pennsylvania jury recently held that Vintage Brand LLC (“Vintage Brand”), Sportwear, Inc., and Chad Hartvigson (collectively, the “Defendants”) had infringed Pennsylvania State...more

K&L Gates LLP

Can Industrial Designs Be Protected by Copyright in the United Kingdom? The WaterRower is Not Protected by Copyright in the United...

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Earlier this month, the Intellectual Property Enterprise Court (IPEC) handed down the long-awaited decision in the WaterRower v Liking [2024] EWHC 2806 (IPEC) case. It is seen as a key judgement exploring the boundaries of...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – Updates in The New York Times v. OpenAI lawsuit, punishment stands for high school student accused of cheating...

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

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