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Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
K&L Gates LLP

USPTO Patent and Trademark Fee Increases

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The United States Patent and Trademark Office (USPTO) has announced increased patent and trademark fees effective 19 and 18 January 2025, respectively....more

Weintraub Tobin

The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 1 (Archive)

Weintraub Tobin on

While influencer marketing has become popular in the creator space, it doesn’t come without risks. From IP infringement to FTC compliance, Scott Hervey and Jessica Marlow discuss the key issues surrounding brand endorsement...more

Weintraub Tobin

(Podcast) The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 1 (Archive)

Weintraub Tobin on

While influencer marketing has become popular in the creator space, it doesn’t come without risks. From IP infringement to FTC compliance, Scott Hervey and Jessica Marlow discuss the key issues surrounding brand endorsement...more

Alston & Bird

Patent Case Summaries | Week Ending December 20, 2024

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Teva Branded Pharmaceutical Products R&D, Inc., et al. v. Amneal Pharmaceuticals of New York, LLC, et al., No. 2024-1936 (Fed. Cir. (D.N.J.) Dec. 20, 2024). Opinion by Prost, joined by Taranto and Hughes....more

Sunstein LLP

Can a State Destroy Trade Secrets Through Regulation? The Ninth Circuit Will Soon Address That Question

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In the Federal District Court of Oregon, the Pharmaceutical Research and Manufacturers of America (PhRMA) sought a declaration that a state law compelling the disclosure of trade secrets was unconstitutional. PhRMA is a trade...more

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

The PREVAIL Act Could Change PTAB Trials in a Big Way

Since the America Invents Act (“AIA”) established a new venue for hearing patent disputes, the Patent Trial and Appeal Board (“PTAB”), much ink has been spilled regarding the impacts of this forum on patent litigation and the...more

Wolf, Greenfield & Sacks, P.C.

CAFC Decision on Orange Book Listings for Drug/Device Combination Patents

On December 20th, 2024, the Court of Appeals for the Federal Circuit issued an important decision in Teva Branded Pharmaceutical Products R&D v. Amneal Pharmaceuticals that impacts Orange Book (OB) listings for patents...more

K&L Gates LLP

You’re Gonna Hear Me Roar: Katy Perry Wins Appeal Against Local Australian Fashion Designer

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In the long-running trade mark dispute between international popstar Katy Perry and Australian fashion designer Katie Taylor, the Full Federal Court has overturned the first instance decision of Taylor v Killer Queen, LLC (No...more

Polsinelli

Federal Circuit Decides Case Involving Orange Book Listing of Device Patents

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Earlier this year we reported on the Federal Trade Commission’s efforts taken against certain drug manufacturers when listing device patents in the FDA’s Orange Book. We concluded that the efforts to date by the FTC had a...more

DLA Piper

Feeble § 101 Litigation Position Results in Significant Award of Fees and Costs

DLA Piper on

The District Court of Delaware recently confirmed an award of $9.15 million in attorney’s fees and costs to defendant Elysium Health, Inc. (Elysium), resulting from what it determined to be insubstantial litigation positions...more

Smart & Biggar

Is your trademark in use? CIPO targets “deadwood” in 2025 and what you should expect

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Beginning in January 2025, the Canadian Trademarks Office (CIPO) will start proactively and unilaterally (i.e., without a request by a third party) sending notices to registered trademark owners requiring them to prove that...more

DLA Piper

Relevance of Trade Secret Ownership for Misappropriation: I-Mab Biopharma v. Inhibrx Inc.

DLA Piper on

In I-Mab Biopharma v. Inhibrx, Inc., a trade secret misappropriation case, a federal jury in Delaware sided with the defendants, Inhibrx and its co-founder Brendan Eckelman, on all counts. The jury found no existence of a...more

Sunstein LLP

Massachusetts Jury Sets New Record Under Federal Defend Trade Secrets Act With $452 Million Damages Award

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In December, a Massachusetts corporation won the largest jury verdict ever awarded under the federal Defend Trade Secrets Act (DTSA). The award of $452 million is part of a recent trend of massive awards to trade secret...more

DLA Piper

Case-Narrowing Decisions are a One-Way Street: Reviewing Exeltis USA v. Lupin Ltd.

DLA Piper on

Exeltis USA, Inc. and other parties (Exeltis) recently prevailed against Lupin Ltd. and Lupin Pharmaceuticals, Inc. (Lupin) in a patent infringement suit brought in the District of Delaware. After a three-day bench trial, the...more

Morrison & Foerster LLP - Social Media

2024 Recap: Ten Lords A-Leaping!

As the world’s premier blog and go-to source for insightful, pithy commentary on the law and business of social media (EDITOR’S NOTE: this claim has not been verified), the team at Socially Aware feels socially responsible to...more

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

Pantone's Cozy Color of the Year—Mocha Mousse—and Other Thoughts on Color for Brands

Earlier this month, the Pantone Color Institute announced its Color of the Year for 2025, Pantone No. 17-1230 Mocha Mousse – a cozy, warm brown evoking the indulgent qualities of chocolate and coffee. ...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - December 2024 #3

CloudofChange, LLC v. NCR Corp., Appeal No. 2023-1111 (Fed. Cir. Dec. 18, 2024) In our Case of the Week, the Federal Circuit addressed the question of divided infringement in the context of system claims. In its...more

A&O Shearman

Federal Circuit Vacates And Remands PTAB Decision In Palo Alto Networks v. Centripetal Networks Over Motivation To Combine Prior...

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The ’903 patent, entitled “Correlating Packets In Communications Networks,” discloses a computing system that can identify and correlate packets (“small segments that together make up a larger communication”) received and...more

Vondran Legal

Blaming Your Webmaster for Photo Infringement, Will it Work?

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Having handled copyright photo infringement cases for years now, one common defense I hear raised by business owners who are found to have infringed my client's copyrighted images is "I am not to blame, I hired a webmaster or...more

Linda Liu & Partners

Design Patent Clarity Requirements in China

Linda Liu & Partners on

Article 27(2) of the Chinese Patent Law provides that the relevant drawings or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is sought.  Article 64(2)...more

Irwin IP LLP

Rockin' Around the Christmas Brand Protection

Irwin IP LLP on

It’s December, and everywhere you go, the streets and stores are awash in seasonal décor, and holiday products and Christmas programming are glistening in your eyes once again. In the spirit of the season, we have compiled...more

ArentFox Schiff

SDNY Order Renews Possibility of Digital Millenium Copyright Act as Legal Recourse for News Organizations in the Age of AI

ArentFox Schiff on

In a pending lawsuit in the US District Court for the Southern District of New York (SDNY), OpenAI Inc. recently failed to convince the court to dismiss allegations that it improperly removed copyright management information...more

Vondran Legal

Did You Receive a Demand Letter From Copytrack.com, What You Need to Know?

Vondran Legal on

A new IP rights enforcement company has popped up on the Vondran Legalr IP infringement radar. Here is what I learned....more

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

Federal Circuit: Patent Must Claim Active Ingredient for Orange Book Listing

On December 20, 2024, the U.S. Court of Appeals for the Federal Circuit issued a significant ruling in the Teva v. Amneal case following oral arguments before the Federal Circuit, which we discussed in our previous article. ...more

Holland & Knight LLP

Trademark Tussle: When Elves Land on the Naughty List

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'Tis the season for a Christmas … lawsuit? Yes, that's right. This year, Santa's workshop is abuzz with more than just toymaking. Indeed, instead of focusing on their mischievous escapades of making snow angels in flour on...more

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