Intellectual Property Law and Copyright Laws

The U.S. Court of Appeals for the Federal Circuit has issued a significant ruling in a pharmaceutical patent dispute between Actelion and Mylan, addressing how industry standards influence the interpretation...

The Second Circuit assumed, without deciding, that unauthorized embedding constitutes copyright infringement. It held that Townsquare’s use of the video was not fair under Section 107 of the Copyright Act, 17 U.S.C. § 107, because it was not “transformative.” Townsquare had failed to “add something new, with a further purpose or different character, altering the original with new expression, meaning, or message.”

The U.S. Court of International Trade is expanding its role beyond tariff cases into Hatch-Waxman pharmaceutical patent litigation in New Jersey. Judge Jennifer Choe-Groves has been assigned numerous ANDA cases and is implementing new case management procedures that differ significantly from the district's traditional approach, potentially reshaping the strategic landscape for pharmaceutical patent litigation in one of the nation's busiest venues.