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Intellectual Property Wills, Trusts, & Estates

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Morris, Manning & Martin, LLP

Penn State Wins Trademark Infringement Case Against Vintage Brand for the Sale of 'Throwback' Merchandise

A Pennsylvania federal jury ruled in favor of Pennsylvania State University, finding that Vintage Brand, an online retailer, willfully infringed on the university's trademarks. The decision marks a significant win for...more

Patterson Belknap Webb & Tyler LLP

The Price of “Sandbagging”: Judge McMahon Orders Sanctions Against Patent Plaintiff For Switching Damages Theory on Eve of Retrial

On November 12, 2024, Judge McMahon (S.D.N.Y.) granted defendant Lutron Electronics Co.’s motion for sanctions against plaintiff Geigtech East Bay LLC, and precluded Geigtech from presenting any theory of damages on retrial...more

Kaufman & Canoles

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

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The Canadian Hockey League and its affiliate organizations have been dismissed from an antitrust suit alleging they entered unlawful deals allowing them to exploit junior players and illegally profit from their labor....more

Patterson Belknap Webb & Tyler LLP

You Can Go In-House, But You Can’t Hide: In-House Counsel Not Immune from Deposition

On November 13, 2024, United States Magistrate Judge Victoria Reznik (S.D.N.Y.) granted-in-part and denied-in-part DJ Plaintiff Carvana, LLC’s (“Carvana”) motion for a Protective Order to preclude Defendant IBM from deposing...more

WilmerHale

PTAB/USPTO Update - December 2024

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On November 12, USPTO Director Kathi Vidal announced in a post on LinkedIn and a letter to friends and colleagues that she would be stepping down the second week in December. Deputy Director Derrick Brent will take over until...more

Haug Partners LLP

Excited To Align With LA28? Not So Fast, Says Court

Haug Partners LLP on

On July 19, 2024, the United States Olympic & Paralympic Committee (“USOPC”) filed a complaint against performance sports beverage company Prime Hydration, LLC (“Prime Hydration” or “Prime”) in the United States District...more

Pillsbury - Propel

Maximizing Intellectual Property Protection: Balancing Patents and Trade Secrets for Startups

Pillsbury - Propel on

Founders and their startups are typically at the forefront of ever-evolving fields, from space exploration and satellites to life-saving medical devices and medicines. Safeguarding intellectual property is critical for...more

Furia Rubel Communications, Inc.

Can You Copyright AI-Generated Content? - On Record PR

In this episode of On Record PR, sponsored by Lawline, Jennifer Simpson Carr goes on record with Sean Douglass, associate attorney at Panitch Schwarze, to discuss the impact of AI-generated content on intellectual property...more

AEON Law

Patent Poetry: WIPO Members Approve Riyadh Design Law Treaty

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Member states of the World Intellectual Property Organization (WIPO) have approved the Riyadh Design Law Treaty. The treaty is designed to “make it easier, faster and more affordable for designers the world over to...more

MoFo Life Sciences

Patent Term Extension For Medical Devices

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Patent term extension (PTE) under 35 U.S.C. § 156 is a statutory program that restores to a patent at least a portion of the term that was effectively lost while the covered product was undergoing regulatory review and could...more

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

New Information Disclosure Statement Fees Apply to Reexamination and Reissue

According to recent U.S. Patent and Trademark Office (Office) data, the Office receives a burdensome number (13%) of information disclosure statements (IDSs) having in excess of 50 total items of information. 89 Fed. Reg....more

Latham & Watkins LLP

European Commission Releases First Draft of General-Purpose AI Code of Practice

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The Draft Code sets out various obligations relating to transparency, copyright compliance, and management of systemic risks for providers of GPAI models....more

Jones Day

USPTO Finalizes Partial Permanence of MTA Pilot Program

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On October 18, 2024, the USPTO’s final rule regarding Motion to Amend (“MTA”) practice and procedures in trial proceedings under the America Invents Act became effective. The rule makes permanent several MTA pilot program...more

Mintz - Intellectual Property Viewpoints

What To Do Now That The AFCP (After Final Consideration Program) Is Ending?

The After Final Consideration Pilot 2.0 Program (AFCP) offered to patent applicants by the U.S. Patent and Trademark Office is ending on December 14, 2024. The program began in 2013 and was originally slated to last only 1...more

A&O Shearman

European Commission publishes first draft of GPAI Code of Practice

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On November 14, 2024, the European Commission published the first draft of the General-Purpose AI Code of Practice (the Draft Code). The Draft Code is designed to help providers of general-purpose AI models (GPAI) and...more

Goodwin

European Commission Approves Samsung Bioepis and Biogen’s Aflibercept Biosimilar

Goodwin on

​​​​​​​On November 18, 2024, Samsung Bioepis announced that the European Commission (EC) has approved its aflibercept biosimilar, OPUVIZ.  ...more

BakerHostetler

US Supreme Court Set To Hear Case That May Have Significant Implications for the Doctrine of ‘Corporate Separateness’

BakerHostetler on

The principle of “corporate separateness” – the idea that corporations are separate juridical entities and that stock ownership generally “will not create liability beyond the assets of the [corporation]” – is “deeply...more

Morrison & Foerster LLP

When Your Life Sciences Are on the Line: Life Sciences and Food + Agriculture

Morrison Foerster partners Kate Driscoll and Nate Mendell, both former federal prosecutors and members of the firm’s Investigations + White Collar Defense Group, hosted the sixth episode of When Your Life Sciences Are on the...more

Akin Gump Strauss Hauer & Feld LLP

'Design Impact' and 'Association' Surveys Deemed Admissible in Design Patent Infringement Case

A district court recently refused to exclude testimony regarding consumer surveys conducted by a design patent expert, holding instead that the consumer surveys may be probative of how an ordinary observer would view the...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – Canadian news organizations sue OpenAI, Trump considers appointing “AI czar”, fighting AI scammers with AI, and...

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

Smart & Biggar

Generic not required to address patent submitted before ANDS filing but listed after

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On November 20, 2024, the Federal Court dismissed EMD Serono (Serono)’s judicial review of the Minister of Health’s decision to list Canadian Patent No. 3,087,419 (419 Patent) on the Patent Register one week after it was...more

A&O Shearman

Balancing innovation and public health: third-party interests in the UPC's landmark ruling of Edwards Lifesciences vs. Meril

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In a landmark decision (UPC_CFI_15/2023) delivered on November 15, 2024, the Unified Patent Court's Local Division in Munich (UPC, LDM) ruled in favor of Edwards Lifesciences Corporation in a patent infringement case against...more

Smart & Biggar

Federal Court denies motion to add infringement counterclaim to ustekinumab impeachment action

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After filing a new drug submission for its ustekinumab biosimilar PYZCHIVA (Janssen’s STELARA), Samsung commenced the underlying action against Janssen for impeachment of Canadian Patent No. 3,113,837. Janssen sought to add a...more

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

Reissue’s Recapture Doctrine Clarified

Patent Examiners rely upon the Manual of Patent Examination Procedure (MPEP) to instruct application of the law to the most common patent prosecution situations. The MPEP’s forward refers to itself as a “guidance document”...more

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

Penn State Wins On and Off the Field

Pennsylvania State University has secured wins on the field and in court this football season with a 10-1 football record (and likely a College Football Playoff berth), and a jury verdict in its favor in a lawsuit against...more

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