Kelsey Pitts

Today, in Vidal v. Elster, the Supreme Court rejected a challenge to the constitutionality of Section 2(c) of the Trademark Act (15 U.S.C. § 1052(c)). The Vidal v. Elster decision failed to poke another hole in the Trademark Act, but it is likely not the end of challenges to the constitutionality of the Act’s provisions. John Strand and John L. Welch outline what you need to know in this IP alert: https://hubs.ly/Q02BNkHV0

7

Want to learn about patenting in the biologics space? Join us for the next Panitch Training Academy session on September 24th! Panitch attorneys Erin Dunston, Travis Bliss, Ph.D., and Philip L. Hirschhorn will provide an overview of the Biologics Price Competition and Innovation Act, which was enacted in 2010 to facilitate the approval of biosimilars. The session will cover key aspects of the Act, as well as provide an update on approvals and litigation under the Act. Register: https://lnkd.in/eN7_BCYv #Biologics #PatentLaw #Biosimilars

1

🎤 The USPTO recently published a request for comment on how AI impacts prior art, obviousness, and patentability. Advancements in AI have the potential to transform the landscape for innovation and present novel challenges and opportunities for IP policy. Comments will help the USPTO decide whether these issues require guidance. Director Todd Hopfinger spoke with Managing IP and noted, "A lot of people are raising concerns about the value of patent portfolios because of AI-generated prior art...This has been a huge disruptor, so clients are grappling with some of these issues. Many clients are interested in doing more prior art searches up front." Read more: https://lnkd.in/enNUSNpT #USPTO #ArtificialIntelligence #AI #PatentLaw

3

On June 27, 2024, the United States Court of Appeals for the Fourth Circuit affirmed a Maryland district court judgment that confirmed arbitral awards issued in favor of Seiden Law’s client, the Estate of Ke Zhengguang. The case has been discussed on Law360 and Bloomberg Law; articles on the case can be found in the link after the jump. The underlying arbitration concerned a complex dispute related to real property in mainland China, which culminated in an arbitration before the Hong Kong International Arbitration Centre (HKIAC).   Between 2018 and 2020, the HKIAC issued a series of awards.  The Estate filed a petition to confirm the awards in a Maryland district court against one of the arbitral respondents, Stephany Yu, who lives in Maryland.  In January 2023, the district court confirmed the awards and issued a $4 million judgment in favor of the Estate. The Fourth Circuit’s unanimous twenty-three-page decision addresses important questions related to the enforcement of international arbitral awards in the United States, including the availability of a forum non conveniens defense under the New York Convention, and whether arbitral awards that are denominated in a foreign currency can be converted into US dollar judgments.  The Fourth Circuit held that a forum non conveniens defense was inapplicable under the facts of this case, even if such a defense is available under the Convention. The Fourth Circuit also held that it was reasonable for the district court to enter judgment in US dollars, notwithstanding that the arbitral panel’s merits award was denominated in Chinese Renminbi (RMB). Seiden Law partner and litigation chair Amiad Kushner argued the appeal. Senior counsel Jennifer Blecher and Senior Associate Xintong Zhang were on the brief. Paralegal Lily Dempsey provided invaluable assistance. https://lnkd.in/eb_SiWh2 https://lnkd.in/eFD4zniu

18

Eglet Evidence Law Chair Andrew Jurs and his co-author's research was cited in a U.S. Supreme Court petition for certiorari in Boehringer Ingelheim Pharms. v. Bacher. The case involves class action removal to federal court, with their paper highlighting how legal differences between state and federal venues can influence this strategic decision. #AskMcGeorge #McGeorgeFacultyExpert

121

8 Comments

⚖️ Director Jonathan Tuminaro and Summer Associate Ashley Kim analyze the Federal Circuit's recent decision in Dragon Intellectual Property v. DISH Network, which clarified key aspects of recovering attorneys' fees in patent litigation. This decision sets important precedents for accused patent infringers seeking attorney fees:  1️⃣ Attorneys' fees from IPR proceedings are not recoverable under the patent law’s fee-shifting provision.  2️⃣ Patent owners' counsel could not be held jointly and severally liable for the accused infringer's attorneys’ fees. Read the article for a deeper dive into how this impacts the strategy and economics of patent litigation. https://lnkd.in/exemC7PM #IPR #FeeRecovery #IPLitigation

22

Please check out the article that Professor Sharkey and I wrote, “FDA Leads, States Must Follow,” which was recently published in Vol. 102 of the Washington University Law Review. In it we construct a preemption framework that promotes national regulatory uniformity and harnesses the FDA’s capacity to incentivize the generation of high-quality clinical data about drugs’ safety and effectiveness. (Of course, this article reflects only my personal views.) https://lnkd.in/euM9VJ6K

61

2 Comments

Done Overpaying for Depositions? 💸 Zoom depositions shouldn’t cost $2,500 or more and keep going up month to month. When you are ready for a change, Skribe.ai offers clear and transparent pricing with no surprises. Keep discovery for your cases on track with an affordable deposition alternative. Get the same reliable deposition services and so much more... without the jaw-dropping price tag. #litigation #attorneys #legalservices

13

At Lowenstein Sandler LLP, we believe in advocating for access to justice for all. That's why we helped the Education Law Center challenge the recent OAL interpreter requirement in New Jersey. #probono #newjersey #education #educationlaw #lawfirms

2

Adam Mossoff, Professor of Law at the Antonin Scalia Law School, George Mason University, and a Center for IP Understanding board member, recently called the RESTORE bill “one of the most important proposals for patent reform introduced in Congress in recent years. “Injunctions are the necessary legal backstop to commercial transactions for all property rights in the free market,” he told IPWatchdog. “The loss of injunctions has devalued patents as an asset class and has hampered the continued success of the U.S. innovation economy." “The RESTORE Act rightly reverses the Court’s new injunctions test it created in 2006 and restores the original patent system – the property rights that launched the economic successes of the Industrial Revolution through the computer and biotech revolutions.” RESTORE stands for The Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive Patent Rights Act of 2024. It will restore court ordered injunctions that require an infringing business to halt sales of infringed products. Without injunctions, businesses are free to infringe with relative impunity, impeding innovation and competition.

92

8 Comments

⚖️ Greenberg Traurig has launched a new legal blog focused on the intricacies of Chapter 93A, the Massachusetts Consumer Protection Act. The firm’s Massachusetts Chapter 93A Insights explores Chapter 93A, discussing the legal landscape of consumer rights and business responsibilities, and provides valuable insights and information to help understand and navigate this area of law and its impact on businesses. The blog will be edited by Litigation Shareholder David Thomas and Litigation Associate Angela Bunnell. 💻 Read more in our press release: https://buff.ly/3TkhZD1. #GTNews #GTBlogs #MassachusettsLaw #ConsumerProtection #GTBoston

15

The USPTO has issued guidance about the uncertainty around who gets credit for inventions developed with the assistance of AI systems. Click below to read more about the guidelines and how to patent AI-assisted inventions. #Patents #ArtificialIntelligence #USPTO

4

Watch #BULawProf Woodrow H. web scraping, AI, and privacy on A Little Privacy, Please! with Jason Kravitz and Jenny Lewis Holmes of Nixon Peabody LLP. Hartzog says, "...a reckoning needs to happen to better align the concept of scraping with information privacy law. Because right now, it’s just sort of in complete opposition to a lot of basic, very established principles." #privacylaw #DataPrivacy #AILaw ➡️ http://spr.ly/6042YXogA

6

In my blog post for the Villanova University Charles Widger School of Law Intellectual Property Law Society Blog, I write about the recent FTC endorsement of the FDA's updated Biosimilar Interchangeability Guidelines. Thank you IP Law Society for letting me write this #newblogpost ! https://lnkd.in/eQEMsP72

58

6 Comments

In honor of Juneteenth, we recognize innovations that have contributed to our society without proper IP protections for their Inventors. We share this American Bar Association article by Shontavia Jackson Johnson, which includes a brief history of just a few of the uncredited inventions of enslaved people and how Patent Law functioned, impacted, and evolved throughout U.S. history.    #innovation , #iplaw , #patentlaw

5

What does the Supreme Court's decision in Loper Bright Enterprises v. Raimondo portent for administrative agencies like FDA? I'm joined by my newest colleague, Rebecca B., to analyze the decision and discuss which aspects of the FDA regulatory regime may be under threat. Read the latest Kleinfeld, Kaplan & Becker, LLP alert here: https://lnkd.in/eU6Ags8r

13

"Second-Order Effects." Burn that term in your memory. While everyone is still talking about how AI will save costs, or steal jobs, there's a bigger picture about what happens when AI starts to get incorporated across industries (including legal). Things accelerate. Timescales get shorter. Institutions will start to break down. Moving at human-speed means you'll always be behind those who have move at machine-speed. Glad to see the USPTO is starting to investigate those effects, and how it affects the law of patentability.

4

DWT didn’t just make BTI’s “2025 Awesome Opponents” list of firms that are considered the “most feared” in litigation—we’re also specifically called a leader in both IP and complex employment litigation, and rated as “distinguished” in class action and employment litigation. In IP litigation, only the top 4% of all firms in the latest annual report by The BTI Consulting Group are considered “leaders.” Top clients tell BTI they want litigators who can demonstrate laser focus, energy, and commitment to their IP matters, among other qualities. We’re honored to be acknowledged, as IP litigation is a key area of growth for DWT.

28

On October 10, 2024, the USPTO published a final rule that reaffirms that only patent bar members may serve as lead counsel in AIA proceedings before the PTAB. Read our latest IP Hot Topic by Carson Smith and Jason Fitzsimmons to learn how the rule shifts from a change proposed by the USPTO earlier this year. https://gag.gl/Clo74Q #PTAB #PTABLitigation #USPTO

2