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In 2013, the United States Supreme Court significantly changed the landscape of patent settlements in the pharmaceutical industry with its FTC v. Actavis, Inc. decision. In Actavis, the Court held that certain types of so-called reverse paymentspatent litigation settlement payments from brand pharmaceutical manufacturers to generic companies challenging the brands patentmight "sometimes" violate the antitrust laws.
The ease with which IP addresses and BitTorrent downloads can be tracked has created a fertile ground for copyright lawsuits. This inherent transparency has fueled thousands of lawsuits against alleged video pirates, both in the U.S. and around the world. In the United States, Strike 3 Holdings has emerged as a key player in this legal landscape. The company, known for adult entertainment videos published under the ‘Milfy’, Tushy, and Vixen brands, pursues legal action against those
The US Court of Appeals for the Ninth Circuit explained that to be a derivative work, a program interoperative with another must actually incorporate aspects of the underlying work. The Court further ruled that licensees of a copy of a computer program are not owners of the copy and therefore are not entitled to make copies for the purposes permitted by 17 U.S.C. 117(a).
The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision reversing a district courts determination that certain claims of a patent for Novartis heart failure drug Entresto were invalid for lack of written description, and affirming a finding that the claims were not shown to be invalid for obviousness, lack of enablement, or indefiniteness.
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?
A Virginia federal judge has authorized Microsoft Corp. to seize a website that the tech giant alleges has been instrumental to a "sophisticated scheme" by foreign-based cybercriminals to circumvent safety guardrails built into artificial intelligence services in order to create offensive and harmful content, according to court filings made public Friday.
The U.S. Court of Appeals for the Federal Circuit (CAFC) today affirmed a Patent Trial and Appeal Board (PTAB) decision that upheld an examiners rejection of certain claims of a patent application for a cancer immunotherapy invention. The opinion was authored by Judge Lourie.
This past week in London has seen legal services group RBG Holdings face a winding-up petition from founder Ian Rosenblatt amid soured talks about the group's leadership, J.P. Morgan file a fresh claim against WeRealize, retailer Asda face an intellectual property claim over a specific type of mandarin and financier Nathaniel Rothschild sue German entrepreneur Lars Windhorst and his investment vehicle Tennor International.
This past week in London has seen legal services group RBG Holdings face a winding-up petition from founder Ian Rosenblatt amid soured talks about the group's leadership, J.P. Morgan file a fresh claim against WeRealize, retailer Asda face an intellectual property claim over a specific type of mandarin and financier Nathaniel Rothschild sue German entrepreneur Lars Windhorst and his investment vehicle Tennor International.
This week in Other Barks and Bites: U.S. District Judge James Selna adds pre-judgment interest, increasing a jury verdict for patent infringement against Western Digital to $553 million; the Copyright Royalty Board provides clarification on the definition of gross proceeds for a rate setting proceeding; Senator Ted Cruz (R-TX) will serve for the first time as the Chairman of the Senate Commerce Committee; and more.
On December 27, 2024, the Korean National Assembly passed a proposed amendment to the Trademark Act (Amendment) which will be enacted six months following the date of promulgation. Originally published by Kim & Chang.
Columbia Sportswear wants a California federal judge to change his mind about letting a rival pursue a defense in a long-running legal fight over a heat lining design patent, saying that "new facts have emerged" about a challenge to that same patent at the patent office.
In many cases, the answer is yes, but following a recently-adopted exemption to the Digital Millennium Copyright Act (DMCA), owners of certain retail-level machines are no longer forced to hire OEM-certified technicians to repair the machines they own.
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.
Healthcare payments software company Infosys has hit back with antitrust counterclaims against Cognizant TriZetto Software Group's Texas federal court suit accusing Infosys of abusing its system access to develop competing services.
Every successful business needs two things: a brand and a budget. However developing and protecting your brand without breaking your budget may seem daunting, especially for startups and small businesses. The good news? Its more doable than you might think. Here are ten practical tips to help you develop and protect your trademark on a budget.
An attorney for a Texas whiskey-maker told a Houston jury Friday that lawyers for Landry's LLC used "nasty" tactics as he urged the panel to rule that his client hadn't ripped off the name of the restaurant and entertainment conglomerate.
Bound to Happen: Inherent Property Leaves No Question of Reasonable Expectation of Success - In Cytiva Bioprocess R&D Ab v. Jsr Corp., Appeal No. 23-2074, the Federal Circuit held that a claim limitation merely reciting an inherent property or result of an otherwise obvious composition or process can be found obvious without finding a reasonable expectation of success.
Tennessee-based Shoals Technologies Group has launched another legal battle at the U.S. International Trade Commission claiming that North Carolina solar provider Voltage LLC infringed its intellectual property relating to solar power installations.
In its first precedential opinion of 2025, Honeywell v. 3G Licensing, No. 2023-1354, the Federal Circuit held that a person of ordinary skill in the art (POSA) needs not to have the same motivation as the inventor in an obviousness inquiry, re-emphasizing the Supreme Courts mandate in KSRfor an expansive and flexible approach to obviousness.
AstraZeneca on Thursday hit Zydus, Sandoz, Natco and Cipla with suits in New Jersey federal court accusing them of infringing a patent covering the drug Lynparza, expanding its fight against the generic-drug makers over their efforts to sell or produce the blockbuster cancer treatment.
The U.S. Patent and Trademark Offices (USPTO) biannual fee increase is now in effect. The USPTO anticipates the fee increases and the addition of new fees will significantly streamline the application process in addition to helping support the USPTOs operating budget.
Masimo and Apple have submitted dueling briefs to a California federal judge following a trade secret retrial over health sensing technology in Apple's smartwatches, with Masimo maintaining Apple poached its employees to steal its intellectual property and Apple contending Masimo failed for years to "back up their spurious claims" of misappropriation.
FTC lays down a warning about AI platforms deceptive trade practices and conflicts from snarfing down user creations in their social media business to feed the AI beast.
GlaxoSmithKline wants a Delaware federal court to quickly reject some of the counterclaims leveled by Moderna in response to patent suits over the company's mRNA vaccines.
As we have seen in the first article of our series, trademarks play an important role in the protection of your pharmaceutical and life science products and can add significant value. But to understand the benefits but also the limits of your trademarks, in particular with the added complexity of market authorization proceedings for products in the field of pharma and life science, it is of paramount importance to get a sense on the functioning of the trademark system in the EU.
A software company's damages award of just $150,000 after years of litigation over the U.S. Navy violating a licensing deal offers several lessons for federal software contractors about carefully negotiating contractual terms and making sure they can adequately enforce those terms.
Introduction Copyright law plays a crucial role in regulating the distribution and protection of creative works, but its impact is not uniform across the world. In the Global South, the challenges posed by copyright law are particularly significant, often hindering access to knowledge and limiting opportunities for development. The high costs of copyrighted educational and research materials, combined with the dominance of large corporate players, have created a divide that leaves many communiti
Under the Federal Circuit's recent ruling that patents must claim a drug's active ingredient to be included in the U.S. Food and Drug Administration's Orange Book, many patents may be listed improperly, but their fate and the ruling's impact on generic competition are far from settled, attorneys say.
Artificial intelligence dominated this year's emerging technology updates from the U.S. Patent and Trademark Office and the U.S. Copyright Office. These agencies, among many others, were kept quite busy under the directives set forth in President Joe Biden's Oct. 30, 2023, executive order on the safe, secure, and trustworthy development and use of AI.
A Federal Circuit panel seemed doubtful Friday that none of the hundreds of people who downloaded a firmware upgrade affiliated with an early flash drive used it, which Ioengine LLC would need to prove to beat an on-sale bar invalidation of its patents.
The announcement that Meta will stop fact-checking material on its platforms is neither surprising nor, at this point, relevant. Mark Zuckerbergs absurd announcement that the company is getting back to core principles, or whatever b t way he said it, is no more appalling today than that same rhetoric has been for decades. None of this […] The post The End of Fact-Checking at Facebook is Ideologically Consistent appeared first on The Illusion of More.
K&L Gates LLP has added to its Orange County, California, office a Kilpatrick Townsend & Stockton LLP partnerwith a practice of working with Chinese companies looking to file patents with the U.S. Patent and Trademark Office.
The US Court of Appeals for the Federal Circuit affirmed a district courts delisting of patents from the Orange Book because the patent claims did not claim the drug that was approved or the active ingredient of the drug that was approved. Teva Branded Pharmaceutical Products R&D, Inc., et al. v. Amneal Pharmaceuticals of New York, LLC, et al., Case No. 24-1936 (Fed.
The Federal Circuit on Friday revived a patent covering Entresto, a blockbuster heart failure drug made by Novartis, as part of multidistrict litigation where the company has tried to block generic versions of the product.
The US Court of Appeals for the Federal Circuit vacated and remanded a Patent Trial & Appeal Board decision, finding that the Board erred by failing to explain its holding and reasoning regarding a motivation to combine prior art references. Palo Alto Networks, Inc. v. Centripetal Networks, LLC, Case No. 23-1636 (Fed. Cir. Dec. 16, 2024) (Stoll, Dyk, Stark, JJ.).
A North Carolina machining tools manufacturer is suing the American arm of its Germany-based rival in state Business Court, claiming the competitor has been hiring away its talent to acquire its trade secrets and then misrepresenting its job descriptions to hide the alleged scheme.
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