LATEST ARTICLES
United States
Sheppard Mullin Richter & Hampton
This case addresses pleading standards in view of contradicting factual assertions and a complaint's disavowal of statements in an exhibit.
K&L Gates
On 10 May 2024, the United States Patent and Trademark Office (USPTO) published a Notice of Proposed Rulemaking aimed at changing the current practices surrounding terminal disclaimers.
Foley Hoag LLP
The Supreme Court is about to receive a Petition for Certiorari in a case that impacts how long a patent protects new inventions, we expect. Specifically, the case addresses the Patent Term...
Greenberg Traurig, LLP
Significantly expanding the scope of monetary recovery for copyright infringement, the U.S. Supreme Court held, in a 6-3 opinion issued on May 9, 2024, that the Copyright Act's...
Oblon, McClelland, Maier & Neustadt, L.L.P
On May 10, 2024, the US Patent and Trademark Office (USPTO) introduced a proposed rule that could have significant implications for patent procedures, particularly concerning terminal disclaimers...
Diaz Trade Law
Many mistake the ease of importing to mean there is no liability or obligation on the part of the importer.
Goodwin Procter LLP
As we previously reported, in May 2023, Amgen filed a BPCIA complaint in the District of New Jersey alleging infringement based on Sandoz's denosumab biosimilars of Amgen's PROLIA and XGEVA...
Wolf, Greenfield & Sacks, P.C.
The USPTO on May 10, 2024, issued a notice of proposed rulemaking (NPRM) raising the requirements for accepting a Terminal Disclaimer (TD) to obviate obviousness-type double patenting (ODP).
Axinn Veltrop & Harkrider
On May 10, 2024, the USPTO posted a notice of proposed rulemaking (NPRM) soliciting comments regarding a proposed change concerning terminal disclaimers used to overcome non-statutory double patenting.
Goodwin Procter LLP
As we previously reported, Alexion Pharmaceuticals, Inc. and Alexion Pharma International Operations Ltd. (collectively, "Alexion") sued Samsung Bioepis Co. Ltd. ("Samsung")...
Manatt, Phelps & Phillips LLP
The Copyright Act provides that an action for copyright infringement must be commenced "within three years after the claim accrued." 17 U.S.C. § 507(b).
Seyfarth Shaw LLP
The U.S. Supreme Court affirmed the Eleventh Circuit's holding in Warner Chappell Music v. Nealy that copyright plaintiffs bringing timely claims of infringement may recover damages for acts ...
WilmerHale
Chen, J. The Court reversed in part and affirmed in part the Final Written Decisions of the Patent Trial and Appeal Board ("Board") finding unpatentable certain claims of the challenged patents. IOENGINE appealed...
Axinn Veltrop & Harkrider
Last month I checked in on a discovery dispute regarding the timeliness of disclosing noninfringing alternatives (NIAs) in a case with only two rounds of expert reports.
Thompson Coburn LLP
The Copyright Act's three-year limitation period doesn't limit damages to the three years before suit is filed.
Foley Hoag LLP
The Federal Trade Commission (FTC) has been busy scrutinizing patent listings in the Food and Drug Administration's (FDA) publication of "Approved Drug Products with Therapeutic Equivalence Evaluations...
Wolf, Greenfield & Sacks, P.C.
This is the third in a series of articles that explores considerations and suggested actions for in-house counsel who are inexperienced in patent litigation, yet facing a suit.
Mintz
On May 9, 2024, the Supreme Court held that under the Copyright Act, there is no time limit on monetary recovery for a timely filed claim.
Crowell & Moring LLP
On May 9, 2024, the U.S. Supreme Court issued a ruling in Warner Chappell Music Inc. et al. v. Sherman Nealy et al., Case No. 22-1078, resolving a circuit split in federal courts as to whether it is possible to recover copyright damages beyond the three-year filing statute of limitations.
Parsons Behle & Latimer
The U.S. Patent and Trademark Office (USPTO) recently published notice that it intends to move forward with plans to increase trademark filing fees effective November 2024.
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