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McDermott Will & Emery

Legal Lens on the Unified Patent Court | October 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified...more

McDermott Will & Emery

No Leave, No Appeal: UPC Court of Appeal Denies Request for Discretionary Review

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The Court of Appeal (CoA) of the Unified Patent Court (UPC) ruled that if a party wishes to appeal against a procedural order, and leave to appeal has not already been granted in the order, the party must first apply to the...more

A&O Shearman

Trial Court Determination That A Complaint Allegation Is Conclusory Is Subject To De Novo Review

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On October 8, 2024, the U.S. Court of Appeals for the Federal Circuit vacated a decision by the District of Connecticut that had dismissed AlexSam, Inc.’s patent infringement claims against Aetna, Inc. AlexSam had alleged...more

A&O Shearman

District Court Denies Regeneron’s Motion For Preliminary Injunction To Block Amgen’s Eylea Biosimilar

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On September 23, 2024, Judge Kleeh of the Northern District of West Virginia denied Regeneron Pharmaceuticals, Inc.’s (“Regeneron”) motion for a preliminary injunction against Amgen Inc. (“Amgen”) related to Amgen’s filing of...more

Fitch, Even, Tabin & Flannery LLP

[Webinar] Navigating the Changes to the Test for Obviousness in Design Patents After LKQ Corp. v. GM Global - October 29th, 9:00...

Please join Fitch Even for a free webinar, “Navigating the Changes to the Test for Obviousness in Design Patents After LKQ Corp. v. GM Global,” on Tuesday, October 29, at 9:00 a.m. PDT / 10:00 a.m. MDT / 11:00 a.m. CDT / 12...more

Arnall Golden Gregory LLP

AGG Talks: Cross-Border Business Podcast - Episode 20: Mastering ITC Section 337 Investigations

In this episode, Mike Burke, AGG Corporate partner and co-chair of the firm’s International practice, is joined by Andrew Beverina, AGG Litigation & Dispute Resolution and Intellectual Property of counsel and former...more

Vedder Price

[Event] 2024 Intellectual Property Seminar - October 15th, Chicago, IL

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Please join Vedder Price’s Intellectual Property group for a half-day complimentary seminar designed for in-house counsel. Topics will focus on real issues faced by IP holders, and attendees will leave with practical advice...more

Katten Muchin Rosenman LLP

Stating the Obvious - Katten Kattwalk | Issue 28

The Federal Circuit overturned its 42-year-old obviousness test for designs. Fashion companies, take note. The shape of a handbag, the red sole of a shoe: for fashion companies, design patents have long played a role in...more

Quarles & Brady LLP

Protecting the Product: Furniture

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In the world of furniture design, aesthetics often play as crucial a role as functionality since the unique appearance of a furniture piece can set it apart in a competitive marketplace and help establish a brand’s identity....more

Bennett Jones LLP

A Landmark Summer for Design Patent Law

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The world of intellectual property (IP) underwent some significant transformations this summer, with recent changes from the U.S. Federal Circuit and the Canadian Intellectual Property Office (CIPO) reshaping the landscape of...more

Sheppard Mullin Richter & Hampton LLP

Understanding Preliminary Injunction: A Review of a Recent Federal Circuit Decision

This Federal Circuit opinion addresses a district court’s decision granting plaintiff’s motion for a preliminary injunction. Background - Plaintiff Natera, Inc. (“Natera”) and defendant NeoGenomics Laboratories, Inc....more

Baker Donelson

Patent Cases to Watch for in the Second Half of 2024

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As we move into the second half of the year, we are alerting you to 11 patent cases that you should look out for during the second half of 2024. This judicial mix touches on a range of industries and interests, such as...more

McDonnell Boehnen Hulbert & Berghoff LLP

Andersen v. Stability AI: Defendants' Motion to Dismiss Narrows the Case, But Only Slightly

In the lawsuit brought against them for using visual artists' work to teach their large language model, and producing near-identical copies in response to prompts, Stability AI, Midjourney, DeviantArt, and Runway AI moved to...more

McDermott Will & Emery

Blurred Vision: Appeal Dismissed for Lack of Standing

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The US Court of Appeals for the Federal Circuit dismissed a patent challenger’s appeal in an inter partes review (IPR) because the challenger could not meet the injury-in-fact requirement for Article III standing. Platinum...more

Smart & Biggar

[Webinar] Cross-border IP strategies for IP owners and litigators - September 18th, 2:00 pm PDT

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Explore skinny labelling & obviousness in Canada and Australia - If you are an intellectual property (IP) owner, a litigator or an in-house legal professional managing IP litigation in multiple jurisdictions, don’t miss...more

Smart & Biggar

[Webinar] Cross-border IP strategies for IP owners and litigators - September 12th, 12:00 pm GMT

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Explore skinny labelling & obviousness in Canada and Australia - If you are an intellectual property (IP) owner, a litigator or an in-house legal professional managing IP litigation in multiple jurisdictions, don’t miss...more

Wilson Sonsini Goodrich & Rosati

Federal Circuit Provides Guidance on What Claims Can Properly Serve As Obviousness-Type Double Patenting References

In a precedential decision issued on August 13, 2024, the U.S. Court of Appeals for the Federal Circuit held that a first-filed, first-issued, later-expiring claim cannot be invalidated by a later-filed, later-issued,...more

A&O Shearman

English Court of Appeal makes Emotional Perception neural network hard to patent

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There is no special treatment for neural networks when it comes to UK patenting of computer related inventions. That is the essence of the English Court of Appeal’s conclusion, led by a Judge with a keen interest in computer...more

J.S. Held

Case Law Update: Timing of Technical Expert Analysis of Non-Infringing Alternatives in Smart Path Connections

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Recent case law may impact the timing of defendant technical expert analysis and opinion regarding non-infringing alternatives in patent infringement litigation. On March 13, 2024, Magistrate Judge Roy S. Payne, in the United...more

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

Design Patent Trends at the ITC – Mid-Year Update

Ten Section 337 Investigations were terminated in the first half of 2024. Of those ten investigations, two involved design patents. Although those investigations ended with the Commission issuing no remedial orders (including...more

Harris Beach PLLC

Court Ruling on Design Patents Could Have Huge Impact

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A recent Federal Circuit decision overturning the long-standing obviousness test for design patents could have wide-ranging implications for design patent owners. The en banc decision in LKQ Corp. et al v. GM Global...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - June 2024 #2

Beteiro, LLC v. Draftkings Inc., Appeal Nos. 2022-2275, -2277, -2278, -2279, -2281, 2283 (Fed. Cir. June 21, 2024) In its only precedential patent opinion this week, the Federal Circuit affirmed the Rule 12(b)(6)...more

McDermott Will & Emery

Cellect Your Weapon: Navigating Potential Arguments in the Aftermath of In re Cellect

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In In re Cellect, 81 F.4th 1216 (Fed. Cir. 2023), the US Court of Appeals for the Federal Circuit held that a later-expiring patent can be invalid for obviousness-type double patenting (ODP) in view of an earlier-expiring,...more

J.S. Held

Women’s Representation in the Legal Industry

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In honor of retired Justice Sandra Day O'Connor, the first woman to serve on the U.S. Supreme Court, who died in December 2023, this article examines women's representation in the legal industry and in patent law. While...more

Sheppard Mullin Richter & Hampton LLP

Interpreting the Printed Matter Doctrine in Inter Partes Review

In Ioengine, LLC v. Ingenico Inc. No. 2021-1227, 2021-1331, 2021-1332 (Fed. Cir. May 03, 2024), the case addresses the patentability/validity of three patents. In particular, this case discusses the application of the printed...more

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