The issue of design patent obviousness in the automotive industry has come under the spotlight recent times, particularly with the legal battle between LKQ Corp. and GM Global Technology Operations LLC. The case has reenergized discussions around the complex and often nebulous aspect of patent law. The central focus of the contention is the Rosen-Durling…
Earlier this week, two subsidiaries of Google were dropped from a proposed class action in a California federal court. The lawsuit alleges that Google used private and copyrighted information from hundreds of millions of Americans to train a generative AI chatbot called Bard. The specific identities of the Google entities involved, along with the reasons…
Artificial intelligence (AI) innovations have dramatically reshaped numerous industries over the past decade, with the media and entertainment sector being prominently influenced. Triggered by advances in generative AI (GenAI), novel tools have emerged, offering creative solutions that barely require human involvement. Legal professionals within this space need to keep abreast of these changes and the…
While navigating the intersection of law and technology, legal professionals especially need to comprehend the opportunities and risks linked with new technological advancements. The ongoing incorporation of generative artificial intelligence (AI) tools into law practice is a clear example of such a context, where ensuring attorney-client privilege is crucial. The implications of these AI tools…
In a notable Federal Circuit Review from August 2023, a critical ruling for intellectual property rights (IPR) petitioners came to the forefront. The court’s decision in the landmark case Axonics, Inc. v. Medtronic, Inc., Appeal No. 22-1532 has set a precedent for the conduct of IPR proceedings. A key takeaway from this review was the…
Takeda Pharmaceuticals USA Inc. found itself at the center of an antitrust trial, facing complaints from drug wholesalers over the company’s delay in releasing a generic version of its gout drug, Colcrys. Cut short due to an unexpected resolution, the trial came to a close after a settlement was reached between Takeda and the plaintiffs,…
Indian medical device manufacturer Meril has lodged a challenge in court seeking to invalidate two patents currently safeguarding the design of prosthetic heart valves. These patents belong to Edwards Lifesciences, a company which has levelled infringement claims against Meril spanning five jurisdictions. Edwards Lifesciences, a known player in the MedTech business, owns patents that protect…
In a pending legal matter before the U.S. Court of Appeals for the Federal Circuit, a vital question about patent law is being presented: Should obviousness tests for design and utility patents be one and the same? This query is pertinent in the LKQ Corp. v. GM Global Technology Operations case. Legal professionals and parties…
As the biotechnology sector continues to evolve, many biotech startups face the daunting prospect of their first financing round. The task, albeit challenging, can be managed effectively with the right preparation and strategy. In this context, Morgan Lewis’s day two treatise during the Biotech Week Boston provides key insights for such companies.The discussion particularly focuses…
The geopolitical tension seems to be on the rise as the United Nations General Assembly (UNGA) holds its 78th annual gathering this week. The agenda holds a global resonance as top leaders and diplomats from across the world convene intending to address the most pressing international concerns. The concurrent forum necessitates a dialogue on non-traditional…
James Hastings, serving as Counsel, will be conducting a critical webinar on ‘Managing Risks through IP Innovation Management Training’ on October 4th, 2023, at 2 pm ET. The event, hosted by Medmarc, a recognized expert in handling products liability risks for the medical technology and life sciences industry, is open to the public and offered…
Escalating concerns over the mental fitness of some older judges have led to a significant action in the Federal Circuit, as Judge Pauline Newman, 96, has been suspended. The suspension, effective immediately, prohibits Judge Newman from hearing any cases for the duration of one year. The decision comes after other active judges on the court…
Orrick Herrington & Sutcliffe LLP continues to bolster its West Coast presence with their most recent addition: an intellectual property litigator from Morrison Foerster LLP, who joins the firm as partner in their San Francisco office. The attorney is known for having a strong background in technology and life sciences, further strengthening Orrick’s capabilities in…
In a considerably unorthodox move within the comic industry, comics creator Bill Willingham has released his copyrights for one of his popular series into the public domain. His decision underscores a growing pressure faced by creators in recent years, as publishers increasingly expect them to relinquish influence over their intellectual property rights. This decision, described…
In a recent civil lawsuit filed in Florida, an e-cigarette company has lodged accusations against a business competitor for purportedly sabotaging its professional association with rapper Tekashi 6ix9ine. Spelled out in the legal complaint, , the plaintiff alleges that their competitor offered a cash incentive to the rapper’s girlfriend as a strategic move to exploit…
A little more than a year after launching a successful drug for people living with Type 2 diabetes, pharmaceutical giant Eli Lilly & Co., known for their billion-dollar therapeutics, initiated a string of lawsuits. This legal action, which unfolded on Tuesday, saw the drug company file claims against a range of entities including spas and…
A New York federal judge recently approved to dismiss a lawsuit against model Hailey Bieber, who was previously accused of infringing a fashion brand’s trademarks with her skin care line, Rhode. The case dismissal comes in light of the parties making progress towards a settlement agreement. It appears that the main points of this agreement…
In a recent ruling, the full Fourth Circuit has declined to revisit a decision of a split panel displaying their support for a Virginia federal court order. This particular court order determined that an Atlantan hotel and real estate developer must pay $48 million to an engineering firm for using the same name. This occurred…
On Tuesday, Merck & Co. Inc. came under severe criticism from the AARP, Democratic lawmakers, and leading physician groups for its challenge to the Medicare drug price negotiation program. The critics dismissed Merck’s constitutional arguments, asserting that the pharmaceutical giant is attempting to undermine a program designed to enhance drug access and slash federal expenditure.Law360…
In an interesting turn of events, the Trademark Trial and Appeal Board (TTAB) has reversed its previous decision that rejected a Catholic health care group’s attempt to register the term “IMPACT.” The term applies mainly to charitable measures and a website aimed at providing medical information to the public. However, the Board did put a…
Meta Platforms Inc., the parent company of Facebook, has made advancements in federal court in an attempt to reject a copyright lawsuit filed against it by comedian Sarah Silverman and two authors. They have filed the suit concerning Meta’s AI product, LLaMA, arguing that it infringes on their copyrighted material. However, Meta counters that using…
In a developing story, Takeda Pharmaceuticals has requested an early termination of a currently active antitrust legal proceeding. The multinational pharmaceutical company is under scrutiny with respect to delayed introduction of a generic adaptation of their gout medication — Colcrys. Takeda contends that the existing patent disputes and an absence of substantial evidence suggesting a…
The latest case report from the Federal Appeals Circuit, concerning Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc., (Appeal Nos. 2021-2299, -2338) provides an illuminating analysis of precedent concerning design patents and infringement scope. Dated September 15, 2023, this decade-old case offers fresh insight into the domain of intellectual property law, particularly in…
In an interesting move in India’s legal circuits, Cyril Amarchand Mangaldas has appointed a new head for its Intellectual Property (IP) department in Delhi. Swati Sharma, the new IP head, joins from Anand and Anand. She played a crucial role during her tenure there by co-advising Air India on its latest aircraft rebranding. Here is…
Pharmaceutical firm Valeant, renowned for its bowel disease treatment, has recently disputed a Ninth Circuit ruling, arguing that the decision diverges from the precedents set by “at least eleven” other appeal courts. The contested ruling addressed whether disclosures from patent proceedings could be assembled to support a patent lawyer’s invocation of whistleblower laws. This came…