Tue.Feb 18, 2025

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3 Updates from the Copyright Claims Board

Plagiarism Today

The Copyright Claims Board is starting 2025 off with a flurry activity including two final determinations and one re-barred claimant. The post 3 Updates from the Copyright Claims Board appeared first on Plagiarism Today.

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Regulatory Updates on Samsung’s Denosumab Biosimilars

JD Supra Law

On February 13, 2025, the FDA approved Samsung Bioepis Co., Ltd.s denosumab biosimilars, OSPOMYV (denosumab-dssb; 60 mg pre-filled syringe) and XBRYK (denosumab-dssb; 120 mg vial), referencing Amgens PROLIA and XGEVA, respectively.

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3 Count: Gemini Split

Plagiarism Today

Will Smith was dismissed from the Gemini Man case, Strike 3 sued four Memphis IP addresses, and manga piracy is on the rise. The post 3 Count: Gemini Split appeared first on Plagiarism Today.

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AI News Roundup – AI Action Summit in Paris, Reuters wins first major AI copyright lawsuit, Microsoft studies AI’s effects on human cognition, and more

JD Supra Law

To help you stay on top of the latest news,ourAI practice grouphas compiled a roundup of the developments we are following.

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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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Hikma Appeals To Justices In 'Skinny Label' Patent Case

IP Law 360

Hikma Pharmaceuticals USA Inc. has urged the U.S. Supreme Court to review a decision that revived a patent suit over its generic version of Amarin Pharma Inc.'s cardiovascular drug Vascepa, saying the holding "effectively nullifies" a law allowing "skinny labels.

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January 2025 - LATAM Intellectual Property & Data Protection Newsletter

JD Supra Law

Read the first 2025 edition of the Intellectual Property & Data Protection Newsletter, a publication from Tauil & Chequer Advogados in association with Mayer Brown. In this newsletter, Counsel Cristiane Manzueto and associate Ana Leticia Allevato present the latest legal developments in Intellectual Property and Data Protection across the Latin American region.

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Bad Spaniels III: The Paradox of Parody in Trademark Cases Ex-Rogers

JD Supra Law

After a decade of litigation and a pivotal Supreme Court ruling from 2023, the legal battle between Jack Daniels and VIP Products has taken yet another turn, this time back in favor of Jack Daniels. On remand from the Supreme Court in the case VIP Products LLC v. Jack Daniels Properties Inc., the U.S. District Court for the District of Arizona issued an amended order on January 21, 2025, finding that VIPs Bad Spaniels dog toy is not likely to cause consumer confusion with Jack Daniels.

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Philly Inquirer Wins TRO On Co. Selling Framed Front Pages

IP Law 360

A Pennsylvania federal judge has issued a temporary restraining order to stop the alleged infringement of the Philadelphia Inquirer's trademark and copyrighted works by a company that sells framed copies of newspaper articles and front pages covering major sports victories, including its Feb. 10 article featuring the Philadelphia Eagles' Superbowl victory.

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Navigating unity of invention and double patenting issues: practical strategies for patent protection in Canada

JD Supra Law

Unity of invention and double patenting law and practice in Canada can create challenges for patent applicants. For example, applicants may not expect a unity of invention objection to be raised, requiring claims to be cancelled from an application and, if so desired, pursued separately in one or more divisional applications.

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Jury Awards Nearly $4M In Lawnmower Patent Trial

IP Law 360

A jury in Delaware federal court has found that power equipment company Techtronic Industries Co. Ltd. willfully infringed five lawnmower patents by China-based rival Chervon (HK) Ltd. and failed to prove that any of them were invalid, awarding just under $4 million as a reasonable royalty but declining to issue damages for lost profits or price erosion.

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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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ROSS AI Decision Gives Early Indication of Strengths and Weaknesses of Fair Use Defense

JD Supra Law

On Tuesday, a Delaware federal district court granted partial summary judgment to Thomson Reuters Enterprise Centre GmbH (Thomson Reuters) in its copyright litigation against ROSS Intelligence (ROSS). The lawsuit, which was filed by Thomson Reuters in 2020, alleges that ROSS utilized copyrighted content from Thomson Reuters Westlaw database in order to create its artificial intelligence (AI) legal research tool.

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LeBron James' Tattoo Artist Drops NBA 2K IP Suit

IP Law 360

An Ohio federal judge dismissed a suit Tuesday brought by a tattoo artist accusing the companies behind the NBA 2K video game franchise of infringing his intellectual property by rendering a design he put on basketball star LeBron James on the player's in-game model.

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PTAB Year in Review – USPTO Rulemaking in 2024 Related to PTAB Practice and Procedures

JD Supra Law

The final year of Director Vidals tenure as the Director of the U.S. Patent and Trademark Office was a busy year for rulemaking at the Office. Since late 2023, five Notices of Proposed Rulemaking (NPRMs) directly related to Patent Trial and Appeal Board (PTAB) practice were published for public comment. Of those, four have issued as final rules as of December 31, 2024.

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Houston Energy Co. Settles Claims Over Utah Plant Turbines

IP Law 360

Houston clean energy company Fervo Energy Co. has settled its claims with a geothermal equipment supplier it accused of threatening to file a patent infringement lawsuit if it didn't win a bid to supply turbines for Fervo's Utah power plant.

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Spotlight On: Actemra® (tocilizumab) / Tofidence™ (tocilizumab-bavi) / Tyenne® (tocilizumab-aazg) / Avtozma® (tocilizumab-anoh) - February 2025

JD Supra Law

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 are challenged under 102, 103, or both.

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Stanley Black & Decker Says Tumbler Maker Violated TM Deal

IP Law 360

Stanley Black & Decker sued the maker of the popular "Stanley" tumbler, claiming in its federal complaint filed Tuesday that Pacific Market International LLCignored obligations under a trademark agreement to use the brand name in a restricted manner and may have earned billions of sales through infringing activities.

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Prove It or Lose It: How USPTO’s Audit Program Inspired Canada’s Trademark Oversight

JD Supra Law

If you own a U.S. trademark registration, you have likely encountered (or will encounter) an audit by the US Patent and Trademark Office (USPTO). The audit program, launched by the USPTO in November 2017, was enacted as a tool to promote the accuracy and integrity of the Federal Trademark Register.

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Howard Lutnick Wins Senate Nod To Lead Commerce Dept.

IP Law 360

The Senate voted 51-45on Tuesday evening to confirm longtime Wall Street financier Howard Lutnick to be secretary of the U.S. Department of Commerce.

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

JD Supra Law

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 litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under 102, 103, or both.

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Baker Botts Partner Says Inventor's Atty Is Threatening Her

IP Law 360

A Baker Botts LLP lawyer being sued over her comments in a news article about a patent suit against Starbucks Corp. accused opposing counsel of threatening her in an email exchange over the details of a deposition.

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Spotlight On: Herceptin® (trastuzumab) / Ogivri® (trastuzumab-dkst) / Herzuma® (trastuzumab-pkrb) / Ontruzant® (trastuzumab-dttb) / Trazimera® (trastuzumab-qyyp) / Kanjinti® (trastuzumab-anns) / Hercessi™ (trastuzumab-strf) - February 2025

JD Supra Law

Trastuzumab 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 litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under 102, 103, or both.

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Apple Wins Ax Of Heart Monitor Patent In PTAB Remand

IP Law 360

After being ordered by the Federal Circuit to reconsider its decision upholding some claims of an Omni MedSci Inc. heart rate monitor patent challenged by Apple Inc., the Patent Trial and Appeal Board has found all the claims of the patent invalid as obvious.

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Spotlight On: Neulasta® (pegfilgrastim) / Fulphila® (pegfilgrastim-jmdb) / Udenyca® (pegfilgrastim-cbqv) / Ziextenzo® (pegfilgrastim-bmez) / Nyvepria®(pegfilgrastim-apgf) / Fylnetra™ (pegfilgrastim-apgf) / Stimufend® (pegfilgrastim-fpgk) - February 2025

JD Supra Law

Pegfilgrastim 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 litigations/IPRs are counted more than once. Within each litigation a claim is counted only once. Within each IPR, claims are counted only once, whether they are challenged under 102, 103, or both.

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On the Importance of Deep Dives

Christopher Roser

To manage your shop floor, or maybe even improve it, you need to understand it. Yet, the complexity of modern manufacturing makes it all but impossible to truly understand the system and all its aspects and correlations, and the whole mess that we call “unintended consequences.” Hence, you need occasional deep dives in addition to.

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Latest Federal Court Case: Kroy IP Holdings, LLC v. Groupon Inc.

JD Supra Law

After an inter partes review finds certain claims of a patent unpatentable, may the patentee assert other claims, immaterially different, in district court without being collaterally estopped? This was the question presented in our Case of the Week, and the Federal Circuit answered yes.

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LaLiga Blocks Cloudflare Again, New Pirate IPTV Providers & Anything in The Way

TorrentFreak

When pirate site-blocking measures have hit Cloudflare in the past, those responsible responded in various ways when news of collateral damage began to spread. A swift and relatively silent ‘CTRL-Z response’ seemed most effective at subduing criticism, mostly because it solved the problem. When blunders were to blame, a quick-fix while pretending to know nothing was reasonably effective too.

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RightFind Must-Haves for a More Efficient Regulatory Submission Process 

Velocity of Content

As regulatory teams write and prepare documents for submission to government agencies and regulatory bodies, its important for them to be equipped with the right tools to help them work as efficiently as possible. Tools that support the process of locating supporting safety literature, organizing and centralizing content, checking and clearing copyright permissions, and easily accessing saved references are invaluable.

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Has the MLC Become a $1.2 billion Hedge Fund?

The Trichordist

Another MMA disaster: The MLC is holding $1.2 billion in publicly traded securities. It’s looking more like a hedge fund than a CMO.

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A single piece of US copyright: Are AI-generated images original artistic works or banal compilations?

The IPKat

On 30 January 2025, the US Copyright Office (USCO) registered A Single Piece of American Cheese , a visual material generated by Invoke AI and with a technique called inpainting. Initially rejected in September 2023, the application was reconsidered after the applicant argued that the work involved sufficient human creativity. The USCO ultimately agreed and registered the work on the basis of the selection, coordination, and arrangement of material generated by artificial intelligence.

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2024 Federal Circuit IP Appeals – Amarin Pharma, Inc. v. Hikma Pharm. USA Inc., 104 F.4th 1370 (Fed. Cir. 2024) (Moore, Lourie, Albright)

JD Supra Law

Amarin sells the drug icosapent ethyl under the brand name Vascepa. Vascepa is approved by the FDA for two indications: (i) to treat severe hypertriglyceridemia, a condition characterized by blood triglyceride levels greater than 500 mg/dL (the SH indication) and (ii) to reduce cardiovascular risk in patients with blood triglyceride levels greater than 150 mg/dL (the CV indication).

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Error 303! Error 404! Exclusive Rights Not Found – DHC Vacates Injunction in DCM Shriram v. Amreek Singh

SpicyIP

Image by storyset on Freepik [ This post has been authored by SpicyIP intern Aditi Agrawal. Aditi is a final-year B.A., LL.B (IPR Hons.) student at The ICFAI University, Dehradun. Her previous posts can be accessed here. ] Hola, readers! Ever wondered what happens when an injunction is issued on an exaggerated sense of urgency, omitting key facts? The answer, as seen in DCM Shriram Limited v.

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2024 Federal Circuit IP Appeals: Summaries of Key 2024 Decisions

JD Supra Law

2024 brought exciting developments at the Federal Circuit. The court issued its first en banc decision in a patent case in five years in LKQ, which significantly altered the standard for proving obviousness of a design patent. The court also granted an en banc petition in another patent case with EcoFactor, which will address the standard for admissibility of expert testimony on damages based on allegedly comparable licenses.

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Generic Drugs, Skinny Labels, and Liability for Off Label (Infringing) Use

Patently-O

by Dennis Crouch I mentioned in a recent post that Hikma's petition for writ of certiorari was due on Valentines Day, February 14 2025. The company has now filed its petition and it des a powerful job of presenting the problems of the Federal Circuit's "skinny label" decision. Hikma particularly asks the Court to clarify when marketing a generic drug with a "skinny label" can trigger liability for actively inducing patent infringement under 35 U.S.C. 271(b).

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Regeneron Pharmaceuticals, Inc. v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2025)

JD Supra Law

Note: This post addresses two Federal Circuit decisions issued on January 29, 2025. Both appeals involved Plaintiff-Appellee Regeneron Pharmaceuticals, Inc., with the first appeal involving Defendant-Appellant Formycon AG (Case 24-2009) and the second appeal involving Defendant-Appellant Samsung Bioepsis Co. (Case 24-1965). At trial, each case also included Defendants.

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IPWatchdog Unleashed: Standards, AI and the Data Transparency Imperative

IP Watchdog

This week on IPWatchdog Unleashed we take a look at the importance of data transparency and standards for artificial intelligence (AI) and standard essential patents (SEPs) in the telecommunications sector. Our guest is Tim Pohlmann, who is the Managing Director for the Americas at LexisNexis Intellectual Property Solutions. And before he joined LexisNexis, Tim was the founder and CEO of IPLytics.