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With Kimble v. Marvel Entertainment, LLC , the U.S. Supreme Court upheld the controversial Brulotte v.Thys Co. decision, which prohibited collection of patent-based royalties that accrue after patent expiration. The Court expressly supported alternative licensing terms and business arrangements to...

Intellectual Property 101 / Copyrights, Patents, and Trademarks…Oh My! Thomas Edison. Henry Ford. Steve Jobs. These three household names revolutionized modern society through the protections afforded to their intellectual property by U.S. patent laws. Traditionally a copyright attaches when the...

This checklist highlights certain considerations for companies preparing to file annual reports on Form 10-K for the calendar year ended 2023 and is intended to serve as a focused resource highlighting changes in disclosure requirements and points of emphasis for the Securities and Exchange...

What's in a Name? The A to Z of Patent Inventorship Patent inventorship is a key element of protecting IP in both academia and industry and has given rise, in recent years, to high profile disputes and litigation. Proper inventorship determination is essential for researcher management, patent...

January 26, 2024 - With AI poised to reshape the practice of law and businesses in every industry, Saul Ewing is pleased to partner with the ABA’s Intellectual Property Litigation Committee in forming the AI Subcommittee. The AI Subcommittee will monitor legal and technological developments in this...

​On May 18, 2023, the Supreme Court unanimously affirmed the Federal Circuit's decision, Amgen Inc. v. Sanofi , 987 F.3d 1080 (Fed. Cir. 2021), that the claims of two of Amgen's patents were invalid for lack enablement. The involved patents, US 8,829,165 and US 8,859,741, are directed to monoclonal...

Saul Ewing attorneys, Sean O’Neill and Michael Gold , discuss new ESG regulations in connection with the Real Estate industry and Real Estate Investment Trusts (REITs). New regulations from the U.S. Department of Labor and proposed regulations from the Securities & Exchange Commission have created...

The use of artificial intelligence (AI) to create works of art and inventions raises interesting legal challenges to the protection of intellectual property (IP). The plain language of the Copyright Act and Patent Act present obstacles to inventors and artists who may use or be AI systems. Recent...

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