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Intellectual Property
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Featured
What's Next After Fed. Circ. Limits Orange Book Listings?
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.
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January 15, 2025
Novartis Wins Temporary Stay Of MSN's Generic Heart Drug
The D.C. Circuit late Wednesday temporarily halted the U.S. Food and Drug Administration's approval of MSN Pharmaceuticals' generic version of Novartis' blockbuster heart failure drug Entresto, just after federal judges in D.C. and Delaware declined to block the launch of MSN's product.
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January 15, 2025
Gilead, Feds Resolve HIV Drug Patent Dispute Amid Appeal
Gilead Sciences and the federal government have agreed to dismiss all claims and counterclaims in a yearslong intellectual property and contract battle over HIV prevention drugs Truvada and Descovy, according to stipulations of voluntary dismissal filed Wednesday in both the Federal Circuit and Delaware federal court.
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January 15, 2025
'Absolutely Not': Apple+ Show's Creator Denies Stealing Idea
The screenwriter who created the Apple+ show "Servant" testified Tuesday in a California federal trial that he didn't steal the "reborn baby" concept from an indie film, telling the jury that he had not seen the plaintiff's movie when he added the new idea to a story he'd been working on for over a decade.
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January 15, 2025
Solar Power Biz Beats Shoals' Patent Case At ITC
The U.S. International Trade Commission has cleared a North Carolina solar manufacturer from a patent case, flipping an administrative law judge's determination that a solar "trunk bus" transmission system infringes a rival's patent.
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January 15, 2025
Fed. Circ. Upholds Semiconductor Co.'s PTAB Win Over Chip IP
The Federal Circuit on Wednesday backed a Patent Trial and Appeal Board finding that semiconductor company Microchip Technology had shown that some claims of an HD Silicon Solutions microprocessor patent are invalid as obvious.
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January 15, 2025
Chancery Awards $1.6M To Food Recycler In Trade Secret Fight
The former leaders of a now-defunct food waste company owe another company $1.6 million for misappropriating a process for turning waste into fertilizer and animal feed, a Delaware vice chancellor said in a decision released Wednesday, finding they "rode" that process "all the way to the bank."
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January 15, 2025
Michael Jackson Estate's Likeness Fight Stays In Vegas
A Nevada federal judge has declared that her court will decide if an allegedly "lackluster Michael Jackson impersonator show" running at a Las Vegas casino is infringing the name, image or likeness of the late King of Pop.
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January 15, 2025
4th Circ. Says 'Moke' TM Generic Issue Needs Another Look
A split Fourth Circuit panel has thrown out a lower court's finding that the term "moke" can't get trademark protection, saying a lower court needs to look further as part of a dispute between two companies fighting for the rights to use the word as a mark.
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January 15, 2025
Maxell Battery Patent Sinks At Federal Circuit
Japanese consumer electronics outfit Maxell on Wednesday failed to persuade Federal Circuit judges to change anything about a patent board ruling that wiped out all the claims in a battery patent asserted in a suit against a Chinese rival.
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January 15, 2025
Acting USPTO Head Corrects Errors In PTAB Samsung Denial
The U.S. Patent and Trademark Office's acting director has found that the Patent Trial and Appeal Board made incorrect statements when it refused to review a display patent challenged by Samsung due to an upcoming Texas trial, but still left the denial intact.
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January 15, 2025
Ex-Pot Co. Director Wants Trade Secrets Claims Tossed
A former operations director for Curaleaf Inc. is asking a Colorado federal court to throw out the company's claims that he breached a confidentiality agreement and shared information with a former business partner.
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January 14, 2025
Abbott, Novartis Settle HIV Test Patent Beef Ahead Of Trial
Abbott Laboratories, Novartis and Grifols have reached a settlement in a yearslong battle over a patent covering a method for replicating DNA, putting to rest the litigation less than a month before it was set to go to trial, according to an entry in Illinois federal court posted Monday.
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January 14, 2025
Judge Needs To Rethink Toddler Tub IP Case, Fed. Circ. Says
A Japanese toy making giant persuaded Federal Circuit judges on Tuesday to revive a dispute over a patent covering a toy tub used by toddlers, with a panel majority deciding a Rhode Island federal judge did not define a claim correctly.
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January 14, 2025
Apple, Shyamalan Stole Indie Film Idea For 'Servant,' Jury Told
Filmmaker M. Night Shyamalan, Apple and other "Hollywood elite" stole from an indie director's movie in order to make a TV show called "Servant" for Apple TV+, a California federal jury heard during opening statements of an $81 million copyright infringement trial.
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January 14, 2025
Justices Told 'Copyrightability' Issues Must Be Left To Judges
The justices have been asked by a defense contractor to wade into a split among circuit courts over "whether questions of copyrightability" should be decided by judges or juries.
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January 14, 2025
Fed. Circ. Judge Asks What's The Rush In Eylea Biosimilar Case
Counsel for Amgen and a Federal Circuit judge got into a back-and-forth Tuesday concerning the pace of an appeal over a denied injunction on Regeneron's biosimilar of Eylea, with the judge wondering why the attorney was so eager to move things along.
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January 14, 2025
DOJ Says Software Co.'s $12.7M Copyright Win Is Sufficient
The U.S. Department of Justice on Tuesday defended a judge's decision to award a software developer $12.7 million after a federal contractor made unauthorized copies of its software, telling the Federal Circuit the award was correctly calculated.
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January 14, 2025
8th Circ. Backs Real Estate Agents' Win In Copyright Case
The Eighth Circuit on Tuesday backed a lower court ruling that let real estate agents off the hook on claims they infringed a home designer's copyrights, agreeing that the inclusion of floor plans in listings of homes he designed were fair use.
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January 14, 2025
Fed. Circ. Judge Chides Attys For Omitting Key Argument
The Federal Circuit's chief judge got frustrated Tuesday when neither party in a dispute over a 3G messaging patent had addressed what she considered to be the analysis' starting point.
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January 14, 2025
NCAA, Big Ten Argue Ex-Players' $50M NIL Suit Too Late
The NCAA and Big Ten Network have asked a Michigan federal judge to toss a proposed class action from football players who are seeking more than $50 million in compensation for their names, images and likenesses, arguing their claims are untimely.
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January 14, 2025
9th Circ. Says Moveable Sculptures Protected By Copyright
A Ninth Circuit panel on Tuesday revived a toy company's copyright infringement case against fashion retailer Aritzia over "kinetic" sculptures that appeared in window displays at its stores, rejecting Aritzia's arguments that the art pieces can't be considered "fixed" under copyright law just because they're manipulable.
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January 14, 2025
SEC Sues Elon Musk Over Late Twitter Buy-Up Disclosure
Elon Musk violated securities laws by failing to timely disclose his initial buy-up of Twitter stock ahead of his $44 billion acquisition of the company, allowing him to purchase shares at artificially low prices, the U.S. Securities and Exchange Commission alleged in a D.C. federal lawsuit filed Tuesday.
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January 14, 2025
Fed. Circ. Says Patent App Becomes Prior Art At Filing Date
When determining if a patent application counts as prior art, parties should look to the date the application was filed, not when it was published, the Federal Circuit held Tuesday in an appeal upholding the invalidation of Lynk Labs' LED patent claims.
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January 14, 2025
Meta Atty Quits IP Case Over Zuckerberg's 'Toxic Masculinity'
An attorney helping defend Meta Platforms in copyright litigation brought by artists who claim their content was used to train the large language model Llama has dropped the tech company as his client, citing Facebook and founder Mark Zuckerberg's "descent into toxic masculinity and Neo-Nazi madness" in a LinkedIn post.
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January 14, 2025
Startup Drops Patent Case Against Google Ahead Of Trial
An Oregon startup has agreed to drop its patent infringement case against Google, a month before the dispute was set to go before a jury in Waco, Texas.
Editor's Picks
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Why Many Drugs Remain Pricey 40 Years After Hatch-Waxman
In the four decades since Congress passed the Hatch-Waxman Act in an effort to make generic drugs more available, the pharmaceutical industry has used patent thickets, "evergreening" and pay-for-delay tactics to block competition and keep prices of life-saving specialty drugs astronomical, several legal experts told Law360, while the industry argues other parties shoulder more of the blame.
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Full Fed. Circ. Looks To Clarify Damages In Google Case
The full Federal Circuit has agreed to review EcoFactor's $20 million infringement award against Google, a move that attorneys say should provide much-needed guidance for both judges and parties when calculating damages.
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Who Wore '8' Better? Jackson, Aikman Locked In TM Battle
Baltimore Ravens quarterback Lamar Jackson is banking his popularity will make consumers think of him when they see the number "8" on products he sells, but a beer company associated with Hall of Fame quarterback Troy Aikman — who wore the same jersey number — doesn't see it that way, as the players square off in a trademark fight.
Expert Analysis
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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Patent Policy Changes To Track Under New Gov't Leadership
The new federal government will likely bring pivotal shifts in U.S. patent policy through legislation and initiatives that reflect a renewed focus on strengthening intellectual property rights, fostering innovation and enhancing the nation's competitive edge, says PK Chakrabarti at Butzel Long.
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Opinion
Congress Should Finally Add Clarity To Section 101
With both the U.S. House of Representatives and Senate introducing bills to provide guidance on what qualifies as patentable subject matter under the Patent Act, Congress will hopefully put an end at last to 10 years of uncertainty surrounding the question, says David Carstens at Carstens Allen.
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5 Advertising Law Trends To Watch In 2025
Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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4 Trade Secret Developments To Follow This Year
Significant developments in trade secret law are likely in 2025, and areas to watch include protection of AI-related innovations, the fate of the Federal Trade Commission's noncompete ban, and questions of the federal Defend Trade Secrets Act's extraterritorial reach, say attorneys at Faegre Drinker.
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Republican Trifecta Amplifies Risks For Cos. In 3 Key Areas
Expected coordination between a Republican Congress and presidential administration may expose companies to simultaneous criminal, civil and congressional investigations, particularly with regard to supply chain risks in certain industries, government contracting and cross-border investment, say attorneys at Morgan Lewis.
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New Law In NY Places Employee NIL Rights In Spotlight
New York recently became the first state to codify name, image and likeness rights for models, but as such protections seemingly expand for individual employees across industries, employers may want to brush up on related case law, and update their handbooks and policies accordingly, says Timothy Bechen at Woods Rogers.
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Penn State Brand Case Leaves Ornamentality Unresolved
While the recent jury verdict in Penn State University v. Vintage Brand was a win for the college and brands, legal practitioners should expect plenty of litigation around unaddressed ornamentality issues of whether marks that are not yet incontestable can be canceled for being used solely in decorative, non-source-identifying ways, say attorneys at Debevoise.
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Defense Strategies For Addressing Conspiracy-Minded Jurors
As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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Reviewing 2024's AI Patent And Copyright Developments
Attorneys at Rothwell Figg provide highlights on procedural and substantive intellectual property issues pertaining to AI in 2024 from the Copyright Office and U.S. Patent and Trademark Office, followed by what to expect in 2025.
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Trump, Tariffs And Tech: The Right To Repair In 2025
The "right-to-repair" movement has helped make it easier for independent repair shops and consumers to repair their devices and vehicles — but President-elect Donald Trump's complicated relationship with Big Tech, and his advocacy for increased tariffs, make the immediate future of the movement uncertain, say attorneys at Carter Ledyard.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.