Fri.Dec 20, 2024

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Drug Delivery Device Patents Removed from Orange Book

JD Supra Law

The listing of patents in the Orange Book has an important role in intellectual property protection for pharmaceuticals. Patents listed in the Orange Book can include, without question, patents covering compositions or methods of use for pharmaceuticals. But for years, questions have been raised as to whether drug delivery devices or drug/device combinations can be listed.

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[Guest post] AI training data, copyright and the UK consultation

The IPKat

Earlier this week, the IPKat announced the release of the long-awaited UK consultation on Artificial Intelligence (AI) and copyright. Now, we are pleased to host a further commentary by Angela Daly (University of Dundee). Heres what she writes: AI training data, copyright and the UK consultation* by Angela Daly This week, the UK Government released its latest consultation on AI and copyright , with a particular focus on inputs and outputs of AI models, as covered in this breaking IPKat post.

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Stop-Gap Spending Bill Provision Takes Aim at Biologics Patent Litigation

JD Supra Law

UPDATE: The stop-gap spending bill has been revised to remove the provision discussed herein. However, life sciences companies should nonetheless take note of efforts by congress to enact patent-related reforms such as this.

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Copyright on the Calendar: Top Cases of 2024 and What to Watch in 2025

IP Watchdog

Copyright law provided an arena for some of the most interesting legal battles in 2024. We review some highlights from 2024 below, as well as some cases to watch in 2025.

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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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UPC Issues First FRAND Decision

JD Supra Law

In a landmark decision, the Unified Patent Courts (UPC) Local Division Mannheim set standards for enforcing standard essential patents (SEPs) and for negotiating fair, reasonable, and nondiscriminatory (FRAND) licenses under SEPs. In line with the framework previously established by the Court of Justice of the European Union (CJEU) in Huawei Technologies Co.

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EU and NL Domain Registries Take Down Piracy-Linked Domains

TorrentFreak

There are plenty of options for copyright holders to frustrate pirate site operations, but attacking their domain names is particularly effective. In recent years, various entertainment industry groups have called on the domain name industry to help out on this front. The MPA previously signed landmark agreements with registries , enabling the movie industry group to act as a trusted notifier of pirate domains.

More Trending

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Trademarks: An Emerging Social Media and Influencer Phenomenon

IP and Legal Filings

Introduction Well, the online space is indeed centuries apart from any business process for creating a brand and speaking with its audience; now everything can even protect its intellectual property. Across-the-board social media and influencer marketing integration are aspects of the present-day artificiality regarding persuasive brand dissemination in faces and identities.

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Director Review Spotlight: Applicant Admitted Prior Art

JD Supra Law

Over the past two years, Director Vidal has issued two Director Review decisions related to the proper use of Applicant Admitted Prior Art (AAPA) in Patent Trial and Appeal Board (PTAB) proceedings. In both cases, Director Vidal endorsed the use of AAPA. Here, we provide an overview of each case.

Art 63
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South Korean Needle Operation Secures Patent Win At ITC

IP Law 360

The U.S. subsidiary of a South Korean dermatologist's needle business has convinced a judge at the U.S. International Trade Commission that several rivals in the marketplace for selling microneedles to plastic surgeons are infringing patents.

Patent 52
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Factors Courts Commonly Consider When Deciding Motions to Transfer in ANDA Litigation

JD Supra Law

Where the Operative Facts Occurred - In assessing this primary factor, courts have looked to the location of defendants principal place of business, where the ANDA application was prepared, and where the ANDA product was tested and developed.

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IPO Diversity in Innovation Toolkit

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

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Samsung Contractor Still Partly On Hook In Patent Suit

IP Law 360

A California federal judge has partially denied a Samsung contractor's attempt to beat a suit alleging two of its products infringe a pair of technology patents, only agreeing to narrow which claims can move to trial.

Patent 52
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Patent Case Summaries | Week Ending December 13, 2024

JD Supra Law

DDR Holdings, LLC v. Priceline.com LLC, et al., Nos. 2023-1176, -1177 (Fed. Cir. (D. Del.) Dec. 9, 2024). Opinion by Chen, joined by Mayer and Cunningham.

Patent 63
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Full Fed. Circ. Won't Review Case Salesforce Said Caused Split

IP Law 360

The full Federal Circuit has refused to review a ruling that revived a software patent suit against Salesforce and sunk a $6.9 million attorney fee award it won, turning aside the company's argument that the decision created a split within the court that will cause "recurring confusion.

Patent 52
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Conclusion of Copyright Office’s Report on Artificial Intelligence Delayed Until 2025

JD Supra Law

This week, Director Shira Perlmutter indicated that the publication of part two of the U.S. Copyright Offices three-part report on copyright issues raised by artificial intelligence (AI) would be further delayed. In her letter to the ranking members of the Senate Subcommittee on Intellectual Property and the House Subcommittee on Courts, Intellectual Property, and the Internet, Director Perlmutter indicated that although substantial progress had been made, the Office will not publish part two.

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Sens. Aim To Protect Generics With Skinny Labels In New Bill

IP Law 360

A bipartisan group of senators from Colorado, Arkansas, Vermont and Maine have introduced a bill that would shield generic-drug and biosimilar manufacturers from infringement liability when using approved "skinny labels.

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[Video] The Briefing: A Very Patented Christmas – The Quirkiest Inventions for the Holiday Season

JD Supra Law

Get into the holiday spirit with a look at some of the most unique Christmas patents ever filed. From Santa detectors to upside-down Christmas trees, Scott Hervey and Jamie Lincenberg explore festive inventions that add a little extra cheer to the season on this episode of The Briefing.

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Holland & Knight Adds Litigator From Quarles & Brady

IP Law 360

Holland & Knight LLP has hired a partner from Quarles & Brady LLP who has experience handling patent litigation and cross-border deals as well as navigating China's legal system.

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[Audio] (Podcast) The Briefing: A Very Patented Christmas – The Quirkiest Inventions for the Holiday Season

JD Supra Law

Get into the holiday spirit with a look at some of the most unique Christmas patents ever filed. From Santa detectors to upside-down Christmas trees, Scott Hervey and Jamie Lincenberg explore festive inventions that add a little extra cheer to the season on this episode of The Briefing.

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Nippon Owes $115M In Muscular Dystrophy IP Fight, Jury Says

IP Law 360

Nippon Shinyaku Co. Ltd. owes more than $115 million for infringing a patent owned by Massachusetts-based Sarepta Therapeutics, a federal jury in Delaware saidFriday after finding that the Japanese company failed to prove the patent was invalid.

IP 52
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Trademark Scams 101: Common Signs of Scams and How to Avoid Them

JD Supra Law

Scams related to U.S. trademark filings are becoming more common and sophisticated, making these scams increasingly difficult for trademark owners to identify.

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Asus Can't Overturn $660K Patent Verdict At Fed. Circ.

IP Law 360

Federal Circuit judges were unpersuaded Friday to do anything about an almost $660,000 jury verdict against laptop maker Asus, deciding that the Taiwanese electronics business was largely too late to ask questions about the ownership of a patent developed by a defunct chipmaker over two decades ago.

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This Week in eDiscovery: Sedona Conference Commentary on Cross-Border Discovery | $845K Spoliation Award

JD Supra Law

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This weeks post covers the period of December 8-14. Heres whats happening.

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Startup Defends AI Antitrust Suit Against Nvida, Microsoft

IP Law 360

Tech startup Xockets defended its monopoly and patent infringement suit against Nvidia and Microsoft Thursday, telling a Texas federal judge that the tech behemoths' motion to dismiss is part of the "standard game plan" when a smaller patent holder alleges infringement by the industry's top players.

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USPTO Takes a Hint from European Practice in Addressing Late Continuation Concerns

JD Supra Law

As expected, the United States Patent and Trademark Office (USPTO) is raising its fees this year, effective January 19, 2025. However, the USPTO is doing something a little unusual this timetheyre raising the cost of filing continuations in older applications. Specifically, a late continuation application more than 6 years after the earliest benefit date (EBD) will cost an extra $2700, and after 9 years will cost an extra $4000.

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Nike, Converse Blast Co.'s Trade Secret Case Ahead Of Trial

IP Law 360

Ahead of a trial in February in Oregon federal court, Nike Inc. and Converse Inc. on Thursday blasted trade secret theft allegations involving an anti-counterfeiting system from Valmarc Corp., saying that Valmarc failed to protect its claimed secrets, that the technology at issue has been around for years and that the company's complaint is time-barred.

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French CSPLA Report Highlights AI Regulation: Transparency and Copyright Compliance in Focus

JD Supra Law

On December 11, 2024, the French High Council for Literary and Artistic Property ("CSPLA") published a report on the implementation of the European regulation on artificial intelligence ("AI"), focusing on the transparency of data used for AI training and the respect of copyright and related rights. The report proposes guidelines and a template for the summary that AI model providers must make available to the public, as required by the regulation.

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Little Caesars Can Sell 'Crazy Puffs' During Pizza TM Suit

IP Law 360

Little Caesars can continue selling its "Crazy Puffs" muffin pizza appetizers while it fights a trademark suit over their name, but the chain must immediately stop describing them as "pizza puffs" in its marketing materials, an Illinois federal judge has ruled.

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[Video] A Conversation with Phil Hamzik

JD Supra Law

Phil Hamzik is an Associate in Wolf Greenfields Pharmaceutical Practice. From protecting key platform technologies to advising on drug product life cycle management, Phil works closely with pharmaceutical and biotechnology companies to develop IP strategies aligned with their business goals. Phil also serves as the first Chair of Wolf Greenfield's LGBTQ+ Affinity Group.

IP 72
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Fed. Circ. Says Teva Inhaler Patents Can't Be In Orange Book

IP Law 360

The Federal Circuit on Friday upheld a decision that Teva Pharmaceuticals improperly listed its asthma inhaler patents in the U.S. Food and Drug Administration's Orange Book, saying that only patents that claim a drug's active ingredient can be included in the database.

Patent 52
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Rising US Trademark Fees Include Avoidable Surcharges

JD Supra Law

The United States Patent and Trademark Office (USPTO) has announced changes and increases to certain trademark application filing fees and other charges. The new fees will take effect on January 18, 2025.

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Sports Merch Cos. Fight Penn State TM Ban And Fee Bids

IP Law 360

Two sports merchandise companies found to have infringed The Pennsylvania State University's trademarks slammed the school's motions for attorney fees and a ban on selling the infringing products, saying the former is based on "half-truths and misstatements" and the latter is "breathtakingly broad.

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Continued Investment in AI Drug Discovery Points to Potential Future Significance of Inventorship in Biosimilar Litigation

JD Supra Law

On December 3, 2024, Bristol Myers Squibb announced a collaboration agreement with three-year-old startup AI Proteins. According to its founder, Chris Bahl, PhD, AI Proteins uses AI, synthetic biology, and laboratory automation to rapidly design and optimize novel miniproteins with ideal drug-like properties. The end goal of this collaboration is likely biologic products incorporating AI-generated proteins.

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Reviewing 2024's Crucial Patent Law Developments

IP Law 360

As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger atRothwell Figg.

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Bio-Thera Solutions Expands Partnership with SteinCares to Market Two Biosimilars in LATAM

JD Supra Law

This Monday, Bio-Thera Solutions announced that it would be expanding its Latin American biosimilar marketing partnership with SteinCares.

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Womble Bond Atty Held In Contempt For Unfixed Falsities

IP Law 360

A North Carolina federal judge on Friday temporarily suspended the admission of a Womble Bond Dickinson partner to practice in his district after finding the attorney failed to correct misrepresentations to a Dutch tribunal in parallel litigation involving a software developer and its former Dutch partner.