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Venable LLP

About Time! Steps You Should Consider to Protect Your Watch-Related Brand

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As major watch industry events are fast approaching in 2025, it may be time for businesses to reevaluate or add to the tools at their disposal to protect and expand their watch-related brand. ...more

A&O Shearman

UPC revocation actions: What is a reasonable number of auxiliary requests?

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Two recent UPC decisions have provided some guidance on the admissibility and reasonableness of auxiliary requests in revocation actions. The court will look at the specific circumstances and complexity of the revocation...more

J.S. Held

2025 J.S. Held Global Risk Report: Artificial Intelligence, Data & Digital Regulations

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Artificial Intelligence (AI) has been touted as the answer to a multitude of business challenges. However, AI – along with machine learning and large language models (LLMs) – is still fraught with technical and regulatory...more

BakerHostetler

Trump’s Nominee for Director of the USPTO Has Pro-Patent Ties

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On Tuesday, the Trump administration nominated John Squires, a partner in the New York office of Dilworth Paxon LLP, as director of the United States Patent and Trademark Office (USPTO)....more

ArentFox Schiff

Federal Circuit Expands Scope of Activities That Can Establish a ‘Domestic Industry’ Under Section 337

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On March 5, the US Court of Appeals for the Federal Circuit issued a decision in Lashify, Inc. v. International Trade Commission, No. 23-1245, vacating in part the International Trade Commission’s (ITC) determination that...more

ArentFox Schiff

Federal Circuit Affirms ImmunoGen Patent Obviousness

ArentFox Schiff on

In a precedential opinion issued on March 6, the Federal Circuit affirmed the US District Court for the Eastern District of Virginia that the claims in ImmunoGen’s US patent application 14/509,809 (“the ’809 application,”...more

Foley & Lardner LLP

GLP-1 Receptor Agonists and Patent Strategy: Securing Patent Protection for New Use of Old Drugs

Foley & Lardner LLP on

GLP-1 receptor agonists (GLP-1RAs) were initially approved for diabetes treatment (e.g., Ozempic®) but have revolutionized weight management (e.g., Wegovy®) and are now being explored for treating a wide range of health...more

ArentFox Schiff

Federal Circuit Refuses to Extend IPR Estoppel to Unadjudicated Patent Claims

ArentFox Schiff on

In Kroy IP Holdings, LLC v. Groupon, Inc., 127 F.4th 1376 (Fed. Cir. 2025), the Federal Circuit held that patentees in district court are not collaterally estopped from asserting claims that were not immaterially different...more

Troutman Pepper Locke

New Federal Circuit Ruling Opens the ITC to Many More IP Owners

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In a recent ruling, the U.S. Court of Appeals for the Federal Circuit upended years of settled law and ruled that sales and marketing expenses, by themselves, can be the basis for a finding of domestic industry in an...more

Jones Day

Federal Circuit Rules That Order Of Steps Sometimes Does Matter

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Back in May of 2020, European patent-licensing company Sisvel filed a flurry of lawsuits against a dozen tech companies who had allegedly infringed Sisvel’s portfolio of wireless communication and networking patents. A...more

BakerHostetler

If a Claim Limitation Is Inherent, There Is No Question of a Reasonable Expectation of Success in Achieving It

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Does a claim that merely recites an inherent property of an otherwise obvious claim require an additional analysis to demonstrate that a person of ordinary skill in the art would have had a reasonable expectation of success...more

Ropes & Gray LLP

[Podcast] Talkin’ Trade: Section 337 Domestic Industry Shake-Up—Exploring the Lashify Decision

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On this episode of Ropes & Gray's ITC-focused podcast series, Talkin' Trade, IP litigators Matt Rizzolo, Matt Shapiro, and Patrick Lavery discuss a groundbreaking Federal Circuit decision in Lashify v. ITC. This pivotal...more

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

PTAB Year in Review – PTAB Trends in 2024: Challenges to Genus Claims

In the biotechnology and chemical spaces, genus claims are often sought by patent applicants to protect not only a specific product of interest, but also as a means to protect against others making related products that...more

Miller Nash LLP

Considerations for K-12 Schools When Using Generative Artificial Intelligence Tools

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Artificial intelligence or “AI” traces its roots to Alan Turing’s work in the 1950s. While it’s a current hot topic, AI is far from new. Students and teachers have been using AI in some form for years in everyday life, such...more

McDonnell Boehnen Hulbert & Berghoff LLP

Five Years Ago Today . . .

On March 11, 2020, World Health Organization Director-General Tedros Adhanom declared that the COVID-19 outbreak "can be characterized as a pandemic," and cautioned that the WHO has "rung the alarm bell loud and clear."  At...more

McDonnell Boehnen Hulbert & Berghoff LLP

President Nominates John Squires to be Next USPTO Director

On Monday, President Trump's nomination for Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office, John A. Squires, was submitted to the U.S. Senate for confirmation.  Mr....more

McDonnell Boehnen Hulbert & Berghoff LLP

Immunogen, Inc. v. Stewart (Fed. Cir. 2025)

After creating something of a frisson due to the apprehension that the Federal Circuit might be convinced to re-evaluate whether it was a necessary element for establishing obviousness for the skilled artisan to have had a...more

Kramer Levin Naftalis & Frankel LLP

USPTO Withdraws Its Former Artificial Intelligence Strategy Document

We recently reported the USPTO’s publication on Jan. 14, 2025, of an artificial intelligence strategy document, just days before the appointment of new Acting Director Coke Morgan Stewart. Wasting no time, the USPTO has now...more

Bond Schoeneck & King PLLC

Trade Dress Registration – Practical Considerations for Product Manufacturers

Summary Trade dress is a powerful intellectual property (IP) tool that can be used to protect the distinctive non-functional “look and feel" of a product’s design, shape and/or 3D configuration.[1] Product manufacturers and...more

Knobbe Martens

Suspension of the Climate Change Mitigation Pilot Program: What Happens Now?

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Effective January 28, 2025, the new administration suspended the Climate Change Mitigation Pilot Program (CCMPP) at the United States Patent and Trademark Office (USPTO). The USPTO had instituted this program in June 2022 “to...more

Knobbe Martens

Federal Circuit Review | February 2025

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In HD Silicon Solutions LLC V. Microchip Technology Inc., Appeal No. 23-1397, the Federal Circuit held that  all but one patent claim were invalid as obvious because the claimed material, as properly construed, was disclosed...more

Venable LLP

Spotlight On: Actemra® (tocilizumab) / Tofidence™ (tocilizumab-bavi) / Tyenne® (tocilizumab-aazg) / Avtozma® (tocilizumab-anoh) -...

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Tocilizumab Challenged Claim Types in IPRs: Claims are counted in each IPR, so claims from the same patent challenged in multiple IPRs are counted more than once. Within each IPR, claims are counted only once, whether they...more

Fenwick & West LLP

5 Considerations for Video Game Companies in 2025

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Video game companies are often eager to adopt new technologies, like artificial intelligence (AI), to enhance player experiences. However, stricter privacy and AI regulations require companies to take extra precautions to...more

Vinson & Elkins LLP

Section 337 Gets a Makeover: Federal Circuit Expands Economic Domestic Industry Criteria

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The U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) recently issued a landmark decision in Lashify, Inc. v. International Trade Commission, expanding what expenditures count to prove the economic prong of...more

Venable LLP

Spotlight On: Enbrel® (etanercept) / Erelzi® (etanercept-szzs) / Eticovo® (etanercept-ykro) - March 2025

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Etanercept Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple...more

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