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2 months ago | 
mondaq.com | Bruce Berman |Alyssa DaCunha |Tania Faransso |Matthew Fischler
W WilmerHale More WilmerHale provides legal representation across a comprehensive range of practice areas critical to the success of its clients. With a staunch commitment to public service, the firm is a leader in pro bono representation. WilmerHale is 1,000 lawyers strong with 12 offices in the United States, Europe and Asia.
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Jan 10, 2025 | 
ipwatchdog.com | Eileen McDermott |Steve Brachmann |Bruce Berman |Raymond Van Dyke
IPWatchdog LIVE Moves to March in 2025: Click for details “As we have long recognized, ‘[t]he invention is, for purposes of the ‘written description’ inquiry, whatever is now claimed.” – CAFC opinion The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision reversing a district court’s determination that certain claims of a patent for Novartis’ heart failure drug Entresto were invalid for lack of written description, and affirming a finding that the claims...
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Jan 10, 2025 | 
ipwatchdog.com | Eileen McDermott |Bruce Berman |Raymond Van Dyke |Kevin Rieffel
IPWatchdog LIVE Moves to March in 2025: Click for details “The CAFC agreed that the Board’s interpretations of the claims were sufficient ‘in the absence of a definition within the specification.’”The U.S. Court of Appeals for the Federal Circuit (CAFC) today affirmed a Patent Trial and Appeal Board (PTAB) decision today that upheld an examiner’s rejection of certain claims of a patent application for a cancer immunotherapy invention.
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Jan 9, 2025 | 
ipwatchdog.com | Eileen McDermott |Bruce Berman |Raymond Van Dyke |Kevin Rieffel
IPWatchdog LIVE Moves to March in 2025: Click for details “INTA takes the view that the image of a face of a human being may well serve as a means to distinguish goods and services.” – INTA briefThe International Trademark Association (INTA) announced today that it has filed an amicus brief in a referral to the Grand Board of Appeal of the European Union Intellectual Property Office (EUIPO) that asks for clarification on registering human faces as trademarks.
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Jan 9, 2025 | 
ipwatchdog.com | Bruce Berman
IPWatchdog LIVE Moves to March in 2025: Click for details “The Big Steal provides more hope than despair. Its message suggests that America’s embrace of property and rule-of-law are alive, if not so well, when it comes to IP rights over the past decade.”An important new book about the impaired U.S. intellectual property (IP) system, The Big Steal – Ideology, Interest, and the Undoing of Intellectual Property, by Jonathan M.
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Aug 25, 2024 | 
ipwatchdog.com | Bruce Berman |Eileen McDermott
“Early in the AI battle, the terrain is starting to resemble that of the early days of Internet; the space already seems to be shaking out into the well-capitalized haves and nimbler have nots.”Jockeying for position among the leading generative AI large language models (LLMs) has amplified their differences. Training models and code access are the source of some of the biggest disagreements.
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Jun 28, 2024 | 
ipwatchdog.com | Eileen McDermott |Bruce Berman |Randall R Rader
“Today, the Court places a tombstone on Chevron no one can miss.” – Justice Gorsuch, concurringThe U.S. Supreme Court today issued its opinion in Loper Bright Enterprises v. Raimondo, overruling the Court’s seminal case on administrative agency deference, Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. Chief Justice Roberts delivered the opinion of the Court and Justices Kagan, Sotomayor and Jackson dissented. In the 1984 ruling in Chevron, U.S.A., Inc. v.
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Jun 27, 2024 | 
ipwatchdog.com | Eileen McDermott |Bruce Berman |Randall R Rader |Steve Brachmann
“While the RFC is interested in how the experimental use exception applies to all technology areas, it provided the example of agriculture as one area that could benefit from greater clarity on experimental use.” The U.S. Patent and Trademark Office (USPTO) issued a draft Request for Comments (RFC) today seeking public feedback “on the current state of the experimental use exception jurisprudence and whether legislative action should be considered to enact a statutory experimental use...
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Jun 27, 2024 | 
ipwatchdog.com | Bruce Berman
“[Swift] used her fanbase to rewrite the narrative, devalue the legitimate IP rights of the owners and enrich her portfolio.”Few, if any, artists own the master recordings to their early albums. Not the Beatles, not Dylan, not Springsteen. Taylor Swift is no different. Labels gamble on acts and part of the upside if they hit—the quid pro quo, if you will—is owning valuable master recordings. Without control of these potential assets, they would likely walk away from most deals.
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Apr 11, 2024 | 
ipwatchdog.com | Eileen McDermott |Catherine Rowland |Bruce Berman
“Apparently, the critics who have tried so long to misuse the march in rights provision of the Bayh-Dole Act to impose price controls have given up on that ill-fated gambit only to try an even more desperate ploy.” On April 9, Knowledge Ecology International (KEI), the Union for Affordable Cancer Treatment (UACT) and Universities Allied for Essential Medicines (UAEM) sent a letter to Chiquita Brooks-LaSure, Administrator for the Centers for Medicare and Medicaid Services, requesting that CMS...
