This week in Barks & Bites: American pharmaceutical firm Johnson & Johnson announces $55 billion in U.S. factory investments to stay ahead of drug tariffs; the Court of Justice for the European Union reports a decrease in new IP cases in 2024 despite a 12% increase in overall litigation before the Court that year; the Federal Circuit issues precedential decisions confirming Hatch-Waxman litigation expenses as tax deductible, rejecting Abiomed’s bid to extend the doctrine of prosecution disclaimer, and confirming that the zone of natural expansion doctrine is purely defensive in trademark litigation; Mariah Carey wins summary judgment and a sanctions motion in a copyright case over “All I Want For Christmas is You”; the Patent Trial and Appeal Board issues an informative designation to a denial of inter partes review institution over inconsistent claim construction arguments; and the ITC says that Samsung Display did not prove a violation of Section 337 by active matrix OLED products imported into the U.S. by BOE Technology.
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- Other Barks & Bites for Friday, April 4: CAFC Corrects Date of Public Accessibility in Trade Secret Appeal; Sixth Circuit Issues Divided Opinion in Data Privacy Appeal; and OpenAI Urges Broad Copyright Exception in UK
- Federal Circuit Tells Patent Applicant Expired Patents Don’t Get Provisional Rights Either