Despite strong private equity interest in drug and device targets, policy changes in the healthcare industry have made the M&A market tricky to navigate. Healthcare has been one of the most active policy focus areas in 2023 and this ongoing policy activity has the potential to impact private equity investors in the industry.... By: Akin Gump Strauss Hauer & Feld LLP ..read more

Use of AI-based tools are permitted, but parties should use caution to ensure compliance with all duties and obligations - Recognizing that AI tools are already being used by parties practicing before the USPTO, this week the USPTO published guidance concerning the use of AI-based tools in practice. The guidance highlights existing rules and obligations, which apply regardless of whether AI tools are used, and indicates instances where use of AI tools may present unique risks. Key takeaways are... By: Wolf, Greenfield & Sacks, P.C ..read more

JANSSEN PHARMACEUTICALS, INC. v. TEVA PHARMACEUTICALS USA, INC. Before Prost, Dyk, and Hughes.  Appeal from the United States District Court for the District of New Jersey. Summary: District court erred by adding unclaimed limitations to the claims in analyzing obviousness.... By: Knobbe Martens ..read more

OVERVIEW - Recently, the California Court of Appeals in Simmons v. Ehm Architecture, Inc., No. D080702, 2023 WL 8888228 (Cal. App. 4th Dist. Dec, 26, 2023) (unpublished), held that an owner giving his architect's plans to another architect without the first architect's consent for the new architect to complete the project constituted theft.... By: Stinson LLP ..read more

Even with the A's leaving the Bay Area, we're getting an extra SF-Oakland matchup. This trademark infringement case will have some interesting issues to be decided (if it gets that far)...... By: Farella Braun + Martel LLP ..read more

In an industry known for its fast-paced changes, 2024 will be no different for cannabis. For all those with an eye on the industry, the number one question remains, is this the year for rescheduling? The answer is, maybe. And if not rescheduling, what about creating a safe harbor for banking? Again, maybe (albeit less likely).... By: ArentFox Schiff ..read more

Addressing subject matter eligibility under 35 U.S.C. § 101, the US Court of Appeals for the Federal Circuit upheld the district court’s finding that patents related to computer visualizations of medical scans were patent ineligible. AI Visualize, Inc. v. Nuance Communications, Inc., Case No. 22-2019 (Fed. Cir. Apr. 4, 2024) (Moore, Reyna, Hughes, JJ.)... By: McDermott Will & Emery ..read more

On the heels of the preliminary injunction awarded in Tennessee/Virginia v, NCAA, the Virginia legislature has amended its Name, Image, Likeness (NIL) statute. The legislature appears to be taking advantage of the NCAA’s waning authority over NIL usage and compensation for college athletes in an effort to provide Virginia athletes and colleges a competitive advantage.... By: Kaufman & Canoles ..read more

The US Court of Appeals for the Sixth Circuit weighed in for a third time on an eight-year copyright battle, this time finding that a district court did not abuse its discretion in excluding the plaintiff’s proposed expert or granting summary judgment to the defendant with respect to a copyright claim related to software. RJ Control Consultants, Inc., et al. v. Multiject, LLC, et al., Case No. 23-1591 (6th Cir. Apr. 3, 2024) (Siler, Cole, Mathis, JJ.)... By: McDermott Will & Emery ..read more

The US International Trade Commission issued a Federal Register notice of proposed rulemaking related to 19 C.F.R. Parts 201, 205, 207 and 210, which govern the Commission’s Rules of Practice and Procedure. The Commission seeks feedback by May 20, 2024. Proposed Rules, 89 Fed. Reg. 61, 22012-39 (Mar. 28, 2024).... By: McDermott Will & Emery ..read more