In a landmark decision, the U.S. Supreme Court confirmed that “[t]he Copyright Act entitles a copyright owner to obtain monetary relief for any timely infringement claim, no matter when the infringement occurred.” See Warner Chappell Music Inc. et al. v. Sherman Nealy et al., Case No. 22-1078 (May 9, 2024). The three-year statute of limitations in the Copyright Act does not bar copyright owners from recovering damages for infringement occurring more than three years ago if the lawsuit is filed... By: Pillsbury - Internet & Social Media Law Blog ..read more

On April 30, 2024, the US Federal Trade Commission (“FTC”) announced that it had sent “warning letters” to 10 branded pharmaceutical manufacturers, alleging that the companies had made “improper or inaccurate listing of patents” in the Food and Drug Administration’s (“FDA”) “Orange Book.”... By: Mayer Brown ..read more

Earlier this year, the Haas F1 Team announced it would compete in the 2024 Formula One Championship without the leadership of its former principal Guenther Steiner. Following this separation, Steiner sued his former team for unpaid commissions and unauthorized use of his name and likeness.... By: Miller Canfield ..read more

The U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued its most recent precedential decision on satisfying the economic prong of the domestic industry requirement at the International Trade Commission in Zircon Corp. v. International Trade Commission, 2024 WL ­2037162, –F.4th– (Fed. Cir. 2024).... By: Haug Partners LLP ..read more

Obviousness Analysis Does Not Consider Unclaimed Limitations - In Janssen Pharmaceuticals, Inc. v. Teva Pharmaceuticals Usa, Inc., Appeal No. 22-1258, the Federal Circuit held that district court erred by adding unclaimed limitations to the claims in analyzing obviousness.... By: Knobbe Martens ..read more

In advance of a new trial to determine damages for patent infringement, a district court denied plaintiff’s motion to preclude defendants from introducing the terms of plaintiff’s settlement offers. The district court concluded that the licensing offers had probative value to show industry practice for negotiating licenses on fair, reasonable, and non-discriminatory (FRAND) terms.... By: Akin Gump Strauss Hauer & Feld LLP ..read more

The district court in a patent infringement case granted plaintiff’s ex parte request to strike defendant’s prior use defense under 35 U.S.C. § 273. Because defendant failed to plead the defense and did not raise it until just prior to the final pretrial conference, the court struck the defense as untimely.... By: Akin Gump Strauss Hauer & Feld LLP ..read more

On Thursday, May 9, the U.S. Supreme Court ruled that plaintiffs in copyright litigation no longer are bound by a three-year statute of limitations for bringing a claim to recover damages.... By: Womble Bond Dickinson ..read more

As we previously reported, the Judicial Panel on Multidistrict Litigation recently granted Regeneron Pharmaceutical’s (“Regeneron”) motion to establish a multi-district litigation (“MDL”) for its aflibercept BPCIA litigation.... By: Goodwin ..read more

The Trademark Trial and Appeal Board’s (Board) precedential decision to uphold a refusal to register a proposed color mark in In re Post Foods, LLC highlights the strategic and technical aspects involved in registering a color trademark as applied to a product.... By: BakerHostetler ..read more