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

Are Reference Product Sponsors Asserting More Patents in BPCIA Litigation?

Goodwin on

On October 24, 2014, Amgen initiated the first litigation under the Biologics Price Competition and Innovation Act (“BPCIA”), asserting infringement of two patents. Over the last two calendar years, Amgen, Biogen, Genentech,...more

Sunstein LLP

New Trademark Office Fees Increase Cost, Headaches

Sunstein LLP on

The new year will bring big changes to how U.S. trademark applications are filed. Based on a USPTO final rule that will take effect on January 18, 2025, trademark applicants will see increases in many USPTO fees, including...more

Mitratech Holdings, Inc

[Webinar] Transforming IP Law | Session #3 Intellectual Property - January 14th, 12:00 pm ET

Mitratech Holdings, Inc on

Join Mitratech's third and final webinar of their AdvanceLaw Innovative Law Firm Webinar Series and hear from innovation experts and partners, McCarthy Tetrault and Pinsent Masons on how technology is transforming law firm IP...more

Axinn, Veltrop & Harkrider LLP

Federal Circuit Clarifies Vicarious Liability Standard for System Claim Infringement

When can a customer’s use of a system claim be vicariously attributed to the system component manufacturer? In CloudofChange v. NCR Corp., No. 2023-111, the Federal Circuit held that the manufacturer must direct or control...more

Sunstein LLP

Wavy Baby Waves Goodbye to its Attempt at Humor

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In August, Vans, a globally-known footwear and apparel company, and MSCHF, a Brooklyn-based art collective, settled their trademark and trade dress dispute, entering an agreement that permanently enjoins and restrains MSCHF...more

Morgan Lewis - Tech & Sourcing

What’s Next in Tech: Must-Watch Innovations for 2025

As we look ahead to 2025, it's clear that the next few years will bring about groundbreaking shifts across industries, with technologies such as AI, quantum computing, data centers, robotics, and autonomous vehicles leading...more

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

Alston & Bird on

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

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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

Smart & Biggar on

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

Sunstein LLP on

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...

A&O Shearman on

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

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