July 2024

Authors’ Suit Against OpenAI Trimmed To Copyright Act Claim

By Bonnie Eslinger (July 31, 2024, 7:41 PM EDT) — A California federal judge on Wednesday cut an unfair competition claim from a proposed class action filed by a group of notable authors alleging that ChatGPT creator OpenAI Inc. is wrongly copying their protected works, a decision that leaves only the lawsuit’s claim for direct […]

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Inhaler Patents ‘Must Be’ In Orange Book, Teva Tells Fed. Circ.

By Bryan Koenig (July 31, 2024, 7:29 PM EDT) — Teva Pharmaceuticals USA Inc. urged the Federal Circuit to upend a lower court decision ejecting inhaler device patents from an important government database, arguing that the delisting, won by Amneal Pharmaceuticals Inc. in an infringement lawsuit, ignores broad protection envisioned under intellectual property law…. Law360

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Jury Instruction Error Kills $21M Verdict Over Noncompete

By Julie Manganis (July 31, 2024, 6:54 PM EDT) — Three former employees of a consulting group who jumped to a competitor in 2016 were let off the hook for a $21 million jury verdict Wednesday by an intermediate Massachusetts appellate court over a prejudicial error in jury instructions…. Law360 is on it, so you

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Senators Introduce NO FAKES Act to Create a Universal Right to Control Digital Replicas

“The proposed legislation would establish a federal property right for every individual in their own voice and likeness. There are exceptions for news, broadcast, advertising/ marketing and documentary use, public criticism or commentary and ‘fleeting or negligible’ use, among others. Senators Chris Coons (D-DE), Marsha Blackburn (R-TN), Amy Klobuchar (D-MN), and Thom Tillis (R-NC)  today

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Now Available for Publishers: Group Copyright Registration of Online News Content | Holland & Knight LLP

For years, publishers have been without a cost-effective way to register the full content of news media websites. The U.S. Copyright Office recently addressed this need by creating a new “group” registration for online news publishers, which became available on July 22, 2024. The new Group Registration for Updates to a News Website (GRNW) allows

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1st Circ. Mostly Backs $5M Award In Biotech Recruiting Spat

By Brian Dowling (July 31, 2024, 4:08 PM EDT) — The First Circuit left intact the vast majority of a $5 million post-trial award against a life sciences recruiting firm found to have misappropriated trade secrets from a rival involving placements at Takeda and Vedanta Biosciences…. Law360 is on it, so you are, too. A

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Janssen Pharms., Inc. v. Teva Pharms. USA, Inc. – Invega Sustenna® (Paliperidone Palmitate) | Robins Kaplan LLP

Case Name: Janssen Pharms., Inc. v. Teva Pharms. USA, Inc., No. 2022-1258, 2022-1307, 2024 WL 1355733 (Fed. Cir. Apr. 1, 2024) (Circuit Judges Dyk, Prost, and Hughes presiding; Opinion by Prost, J.) (Appeal from D.N.J., Cecchi, J.) Drug Product and Patent(s)-in-Suit: Invega Sustenna® (paliperidone palmitate); U.S. Patent No. 9,439,906 (“the ’906 patent”) Nature of the Case and

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Considerations For Federal Right Of Publicity As AI Advances

By Ross Bagley (July 31, 2024, 4:30 PM EDT) — Recent social changes are rapidly increasing the importance of the right of publicity, or the right to exploit an individual’s name, image, voice and likeness — or NIL…. Law360 is on it, so you are, too. A Law360 subscription puts you at the center of

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Trademark Fundamentals: Who Owns a Trademark? | Pillsbury – Propel

When launching a startup, it’s crucial to establish a strong brand identity, which often includes selecting a unique name, logo and other identifiers that distinguish your products or services in the marketplace. One key aspect of protecting your brand is understanding trademark ownership. This article will clarify who the owner of a trademark is and

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CAFC Says PTAB Did Not Err in Holding Private Sale Was Not a ‘Public Disclosure’ Under Prior Art Exception

“The use of the two different phrases—’disclosed’ and ‘publicly disclosed’—suggests that Congress intended the phrases to have different meanings.” – CAFC The U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday issued a precedential decision affirming the Patent Trial and Appeal Board’s (PTAB) invalidation of Sanho Corporation’s patent based on its finding that

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