Thu.Apr 03, 2025

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Photojournalist Wins Lawsuit Against the City of Chicago

Plagiarism Today

A judge has awarded a photographer summary judgment in a case against the City of Chicago. It could be a major win for artists everywhere. The post Photojournalist Wins Lawsuit Against the City of Chicago appeared first on Plagiarism Today.

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Hatch-Waxman Litigation Expenses Are Deductible Under Internal Revenue Code § 162(a)

JD Supra Law

The US Court of Appeals for the Federal Circuit upheld a US Court of Federal Claims ruling that Hatch-Waxman Act litigation expenses are ordinary and necessary business expenses under 162(a) of the Internal Revenue Code, entitling an abbreviated new drug application (ANDA) filer to deduct litigation expenses incurred defending against a patent infringement lawsuit.

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Senate Judiciary Committee Advances Pharma Patent Bills IP Advocates Say are Backed by Faulty Data

IP Watchdog

The U.S. Senate Committee on the Judiciary on Thursday convened an executive business meeting during which the full committee voted on a series of six drug patent-related bills towards a vote on the full floor of the Senate. While many of these bills were hailed by committee members as strong steps toward reining in consumer drug prices, the perceived problems addressed by these bills have been fomented by controversial data reports, leading to questions as to whether these bills will achieve th

Patent 64
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3 Count: Still Coming

Plagiarism Today

Judge allows Isaac Hayes lawsuit to move forward, Russia bans ads on all blocked websites and Taylor Swift told to wait in her lawsuit. The post 3 Count: Still Coming appeared first on Plagiarism Today.

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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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When Analyzing Likelihood of Confusion, It’s Not Just Location, Location, Location

JD Supra Law

The US Court of Appeals for the Fourth Circuit vacated a district courts decision finding no infringement that focused on only the geographic distance between the physical locations of the two users without considering the factors bearing on any likelihood of confusion. Westmont Living, Inc. v. Retirement Unlimited, Inc., et al., Case No. 23-2248 (4th Cir.

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Senate Panel Advances Bills Tackling Drug Patents, Pricing

IP Law 360

A U.S. Senate panel on Thursday approved a group of bills tackling pharmaceutical patents and drug pricing, including measures that claim to address so-called patent thickets and an industry practice called "product hopping.

Patent 96

More Trending

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New Filing Requirements for Beneficial Ownership Information in British Virgin Islands

Cogency Global

New beneficial ownership filing requirements in the British Virgin Islands (BVI) take effect on January 2, 2025. Learn what these changes mean, whos impacted, and how to stay compliant under the updated regulations. The post New Filing Requirements for Beneficial Ownership Information in British Virgin Islands appeared first on Cogency Global.

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Detour Ahead: New Approach to Assessing Prior Art Rejections Under § 102(e)

JD Supra Law

The US Court of Appeals for the Federal Circuit established a more demanding test for determining whether a published patent application claiming priority to a provisional application is considered prior art under pre-America Invents Act (AIA) 35 U.S.C. 102(e) as of the provisional filing date, explaining that all portions of the published patent application that are relied upon by the US Patent & Trademark Office (PTO) to reject the claims must be sufficiently supported in the provisional.

Art 59
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GSK, Pfizer Agree To End Patent Fight Over RSV Vaccines

IP Law 360

British pharmaceutical company GlaxoSmithKline PLC and New York-based Pfizer Inc. on Thursday agreed to end their legal fight over Pfizer's respiratory syncytial virus vaccine Abrysvo that allegedly infringed GSK patents that Pfizer had countered were invalid or unenforceable.

Patent 52
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The Clear and Unmistakable Standard for Applying Prosecution Disclaimer

JD Supra Law

The US Court of Appeals for the Federal Circuit found that a district court misconstrued claim terms based on a misapplication of the clear and unequivocal disavowal standard and vacated its noninfringement decision. Maquet Cardiovascular LLC v. Abiomed Inc., Abiomed R&D, Inc., Abiomed Europe GMBH, Case No. 23-2045 (Fed. Cir. Mar. 21, 2025) (Reyna, Taranto, Cunningham, JJ.).

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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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Photographer Wants Justices To Look At 'Server Test'

IP Law 360

A Los Angeles-based photographer has urged the U.S. Supreme Court to review his failed lawsuit against a travel website over embedding Instagram posts, challenging the Ninth Circuit's "server test" for determining liability for online copyright infringement claims.

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The Crucial Role of Patent Due Diligence in Mergers & Acquisitions: Spotting Patent Litigation Risks Before Closing a Deal

JD Supra Law

In todays rapidly evolving business landscape, mergers and acquisitions (M&A) remain a common strategic priority for companies aiming to grow, innovate, or strengthen their market position. However, the complexity of these transactions necessitates meticulous preparation and due diligence.

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International Disputes And Trade Lawyer Heads To Foley Hoag

IP Law 360

A trade lawyer with experience in World Trade Organization dispute settlement and commercial mediation has joined Foley Hoag LLP's international litigation and arbitration practice in Paris as senior counsel, according to the law firm.

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Copyright Liability Could Cost You and Your Business

JD Supra Law

Businesses can unknowingly infringe others copyrights in all kinds of ways. Its important for copyright holders to know their rights. Its also important for those using copyrighted content to be aware of common pitfalls and risks to avoid legal headaches and unexpected costs.

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Website, Licensing Co. Settle Food Photo Copyright Suit

IP Law 360

The owner of a Las Vegas-based promotional website has agreed to settle its copyright dispute with a food photo licensing company that was previously criticized for so-called "copyright trolling.

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AI and Copyright: What a Recent Court Ruling Means for AI Creators and Intellectual Property Rights

JD Supra Law

In a significant decision, the United States Court of Appeals for the D.C. Circuit recently ruled that the Copyright Act of 1976 requires human authorship to register a work, affirming the district courts denial of a copyright application for a AI generated picture.

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Alsup Calls Out Anthropic Over Missed Discovery Deadlines

IP Law 360

U.S. District Judge William Alsup scolded Anthropic for again delaying discovery production in a proposed class action accusing the artificial intelligence startup ofexploiting the copyrighted works of journalists and authors to train its large language model.

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Prolia® / Xgeva® Biosimilar Updates: Alvotech / Dr. Reddy’s AVT03 aBLA Acceptance, Fresenius Kabi’s Conexxence™ / Bomyntra™ FDA-Approval

JD Supra Law

On March 18, 2025, Alvotech and Dr. Reddys announced the FDA acceptance of an aBLA for AVT03 (denosumab), a proposed biosimilar of Amgens Prolia / Xgeva (denosumab). Under their agreement, Alvotech is responsible for the development and manufacture of AVT03, and Dr. Reddys is responsible for its registration and commercialization.

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NC Biz Court Trims Silicon Carbide Co.'s Trade Secrets Suit

IP Law 360

A North Carolina Business Court judge has permitted the majority of a silicon carbide technology company's suit to proceed against two former executives and the competitor they allegedly helped unfairly compete against it, preserving its claims that they took off with trade secrets.

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Further Shifts in Patent Office Guidance for Discretionary Denials Signal Uphill Battles for Patent Challengers

JD Supra Law

On the heels of the rescission of the Fintiv guidance memorandum, the U.S. Patent and Trademark Office has again reshaped the PTABs approach to discretionary denials. On March 26, 2025, the Acting Director issued a new memorandum that fundamentally changes how the PTAB will handle inter partes review and post grant review petitions.

Patent 65
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Texas Appeals Court Backs UT Royalty Award In Pet Co. Suit

IP Law 360

A Texas appellate court on Thursday refused to undo a lower court's ruling over the amount a pet healthcare company owes in unpaid royalties to the Board of Regents of The University of Texas System for veterinary testing products.

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Impermissible Convoyed Sales Wash Away Damages Award

JD Supra Law

The US Court of Appeals for the Federal Circuit affirmed a district courts finding of infringement but vacated its damages award because the award improperly included auxiliary products lacking any functional relationship to the infringed patent claim. Wash World Inc. v. Belanger Inc., Case No. 2023-1841 (Fed. Cir. Mar. 24, 2025) (Stark, Lourie, Prost, JJ.).

Patent 62
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Benesch Escapes Claims It Fumbled Ex-Client's IP Theft Probe

IP Law 360

An Illinois federal judge has dismissed a lawsuit from a woman who alleged that a firm she hired botched a potential trade secrets case involving a spill-proof children's lid she claims she created, saying the plaintiff failed to show that Benesch Friedlander Coplan & Aronoff LLP permanently damaged her ability to pursue her underlying legal claims.

IP 52
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Fintiv Guidelines for Post-Grant Proceedings Involving Parallel District Court Litigation

JD Supra Law

On March 24, 2025, the US Patent & Trademark Office (PTO) released new guidance that clarifies application of the Fintiv factors when reviewing validity challenges simultaneously asserted at the Patent Trial & Appeal Board and in district court or at the US International Trade Commission.

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Amazon, Biotech Net $1.9M Win Against Fake Supplement Sellers

IP Law 360

A Washington federal judge has awarded biotechnology company Quincy Biosciences and Amazon a combined total of $1,895,375.40 in default judgments against several individuals who hawked counterfeit Prevagen brain health products through Amazon's marketplace, after the sellers failed to appear or participate in the case.

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The Court of Appeals for the Federal Circuit’s In Re Riggs Decision: 35 USC 102(e) Prior Art Requires Written Description Support in Provisional Application for Disclosure Relied On to Reject Claims

JD Supra Law

On March 24, 2025, the US Court of Appeals for the Federal Circuit (Federal Circuit) issued a decision titled In Re: Riggs (the Riggs decision) that vacated a decision of the Patent Trial and Appeal Board (PTAB) of the US Patent and Trademark Office (USPTO).

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Samsung Gets Mobile Payment Patent Suit Tossed

IP Law 360

A federal judge in Manhattan has tossed a six-year-old suit leveled against Samsung over patents covering "now-obsolete technology" once used by a mobile payment app,ruling that the payment card developer Dynamics already disavowed its latest claim constructionargument at an earlier patent board proceeding.

Patent 52
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Potential Impact of the Affordable Prescriptions for Patients Act Patent Limit on BPCIA Litigations

JD Supra Law

On March 17, 2025, Senators Chuck Grassley (R-IA), John Cornyn (R-TX), Richard Blumenthal (D-CT), and Richard Durbin (D-IL) re-introduced the Affordable Prescriptions for Patients Act (APPA), which previously passed the U.S. Senate as S.150 in the 2024 Congressional session, but was not passed by the House.

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JPML Steers Pretrial Matters In OpenAI Copyright Fight To NY

IP Law 360

The Judicial Panel on Multidistrict Litigation on Thursday decided to centralize the pretrial work for a series of copyright infringement and Digital Millennium Copyright Act lawsuits against OpenAI in New York federal court.

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TTAB Puts Pool Hall Behind the 8 Ball

JD Supra Law

On March 20, 2025, the U.S. Trademark Trial and Appeal Board (TTAB) granted an opposition filed by Jacks Family Restaurants, LP, and denied an application filed by Jacks Grill and Billiards, Inc., to register JACKS DOWNTOWN RIALTO with an 8 ball design.Jacks Family Restaurants LP v. Jacks Grill and Billiards Inc., Opposition No. 91281878 (TTAB).

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Mariah Carey Wants $186K Sanction In 'Christmas' IP Suit

IP Law 360

Pop star Mariah Carey said Wednesday that two songwriters should be sanctioned $186,000 for filing court papers that were deemed frivolous by the California federal judge who tossed their copyright infringement lawsuit over her 1994 holiday hit "All I Want For Christmas Is You.

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USPTO Implements Bifurcated Review Process for PTAB Petitions Under New Policy

JD Supra Law

USPTO Acting Director Coke Morgan Stewart announced that she will personally decide whether to deny each petition challenging a patent on discretionary grounds before the Patent Trial and Appeal Board evaluates the merits.

Patent 59
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ATM Company Sanctioned For 'Objectively Frivolous' Claim

IP Law 360

A Georgia federal judge on Wednesday tossed an attempt to relitigate a patent infringement suit brought by an ATM technology company against a competitor, and sanctioned its attorneys for bringing the "objectively frivolous" claim that the competitor defrauded the court in a previous suit.

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Recent Developments on Discretionary Denials of Post-Grant Proceedings

JD Supra Law

On March 26, 2025, the acting USPTO director, Coke Morgan Stewart, published a Memorandum addressed to all judges for the Patent Trial and Appeals Board (PTAB), in which Acting Director Stewart detailed an interim bifurcated process for discretionary denials as a temporary measure to facilitate PTAB workload management (the "2025 Memorandum").

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Fed. Circ. Sides With USPTO In 'Atypical' Patent Appeal

IP Law 360

The Federal Circuit on Thursday tossed an "atypical" appeal from an inventor challenging the U.S. Patent and Trademark Office's rejection of claims in a patent he applied for that would have expired before it could have even been issued.