In a precedential opinion issued on April 11, 2024 in Salix Pharmaceuticals, Ltd. v. Norwich Pharmaceuticals Inc., Nos. 22-2153, 23-1952, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. District Court for the District of Delaware’s decision holding claims directed to polymorphic form “β” of rifaximin invalid as obvious. The court also denied Norwich’s motion to modify the judgment below enjoining FDA from approving Norwich’s ANDA based on a post-judgment amendment carving out... By: Mintz - Intellectual Property Viewpoints ..read more

Vondran Legal® News: We have recently filed suit in the Los Angeles Superior Court against the South Coast Botanic Garden Foundation. Amazingly, they used photographs of two Defendants (who are working professionals who value their privacy) and used them in a series of advertisements in a local mall...... By: Vondran Legal ..read more

In recent years, the number of cancellations based on non-use of trademarks for 3 consecutive years has increased year by year. When submitting use evidence to the CNIPA in response to the cancellation, there is a situation where the trademark registrants only have OEM production in Chinese mainland, and all products using the trademark are exported abroad. In the case that the products are not sold in Chinese mainland, how can the registrant effectively respond to the non-use cancellation... By: Linda Liu & Partners ..read more

On April 23, the Federal Trade Commission issued its final rule banning non-compete agreements nationwide, with the aim of “protecting the fundamental freedom of workers to change jobs, increasing innovation, and fostering new business formation.”... By: Goldberg Segalla ..read more

IP is again being celebrated this year on April 26, with the World Intellectual Property Organization paying homage to the intersection of IP and the Sustainable Development Goals (SDGs) and “[b]uilding our common future with innovation and creativity.”...... By: BakerHostetler ..read more

Recently there has been an increase in offers and notices from companies not associated with the U.S. Patent and Trademark office (PTO)...... By: Kaufman & Canoles ..read more

The explosive growth of generative AI has been accompanied by a corresponding growth of contractual provisions addressing generative AI issues. Website operators in particular are increasingly seeking to use their online terms of service to prohibit the use of content and information hosted on their sites to train AI systems. Disney, for example, recently updated its online Subscriber Agreement for its Disney+ service to clarify that content from the service may not be accessed, copied, or... By: Perkins Coie ..read more

The US Patent & Trademark Office (PTO) proposed new rules governing the process for Director review of Patent Trial & Appeal Board decisions in America Invents Act (AIA) proceedings. Rules Governing Director Review of Patent Trial and Appeal Board Decisions, 89 Fed. Reg. 26,807 (proposed Apr. 16, 2024) (to be codified at 37 C.F.R. pt. 42).... By: McDermott Will & Emery ..read more

In an action involving manufacturers of a self-sealing dining mat for toddlers, the US Court of Appeals for the Federal Circuit affirmed a district court’s finding that the defendants were barred from obtaining relief on their counterclaims under the unclean hands doctrine, thereby vacating the district court’s other findings on inequitable conduct, obviousness, attorneys’ fees and costs. Luv N’ Care, Ltd. et al. v. Laurain et al., Case No. 22-1905 (Fed. Cir. Apr. 12, 2024) (Reyna, Hughes,... By: McDermott Will & Emery ..read more

The US Court of Appeals for the Fourth Circuit affirmed a district court’s summary judgment grant in a trademark dispute, finding that the district court did not err in concluding that a subset of design elements lacked distinctiveness in the public’s view. TBL Licensing, LLC v. Katherine Vidal, Director of the United States Patent and Trademark Office, Case No. 23-1150 (4th Cir. Apr. 15, 2024) (Quattlebaum, Gregory, Benjamin, JJ.) TBL Licensing is commonly known as Timberland, the prominent... By: McDermott Will & Emery ..read more