New ANDA Cases

The U.S. Copyright Office recently released a report on the human authorship requirement for materials to qualify for copyright protection.

Universal Music Group's lawsuit against DistroKid raises a critical question about AI disclosure in consumer markets: when does the use of artificial intelligence become material information that must be disclosed to consumers? The case centers on allegations that DistroKid distributed mass-generated AI music while creating the impression it was created by legitimate human artists, potentially violating existing consumer protection laws even without specific AI disclosure requirements.

There was a significant ruling in the Doe v. Github case involving training of AI code generator models on open source. The United States Court of Appeals for The Ninth Circuit affirmed the district court ruling dismissing part of an action brought under the Digital Millennium Copyright Act (“DMCA”) by programmers against GitHub, Inc., and other defendants. The issues centered on whether defendants removed copyright management information (CMI) from content used to train the AI code generator models.

The USPTO has released its latest economic impact report on IP-intensive industries, announced a new community engagement office in North Carolina, and issued several administrative updates including relief for Japanese applicants affected by a severe earthquake. The Patent Trial and Appeal Board has also designated new precedential and informative decisions addressing obviousness-type double patenting and Markush groupings.

Is this AI-generated, or is it real? As generative AI tools have become increasingly capable of creating realistic images, videos, and audio, they have also made it easier to impersonate real people without their consent. In response, states are increasingly adopting laws that impose civil and criminal liability for certain AI-generated content that replicates an individual’s identity, likeness, voice, or other personal attributes.

In recent video game news, gaming giant Nintendo filed and settled a lawsuit against the developers of the popular Nintendo Switch emulator, Yuzu.

Bristol-Myers Squibb and Ono Pharmaceutical have filed a patent infringement lawsuit against Amgen over its proposed nivolumab biosimilar ABP 206, asserting seven patents related to OPDIVO. The complaint follows earlier inter partes review challenges and patent dance negotiations that narrowed the dispute to specific claims covering the antibody sequence, cancer treatment methods, and dosing regimens.

AI-powered call transcription tools like Otter.ai are facing class action lawsuits under Illinois' Biometric Information Privacy Act (BIPA) for allegedly collecting voiceprints without proper consent. A federal court recently allowed claims to proceed, signaling potential legal risks for companies that provide or utilize these increasingly common meeting recording services.

The U.S. government has filed a Statement of Interest of the United States of America under 28 U.S.C. § 517 in the Southern District of New York multidistrict litigation over OpenAI’s use of copyrighted works to train large language models. The filing appears to be the federal government’s first direct intervention in the wave of artificial intelligence (AI) training copyright cases, and it advises the court to treat model training (separate from use of AI to generate outputs) on copyrighted text standing alone as a highly transformative fair use under current law.

If it seems to you that the process of obtaining federal trademark registration has become more complicated and time-consuming in recent years, you are not alone.

This chart tracks the date, drug, reference-listed company, and applicant of Abbreviated New Drug Applications and 505(b)(2) Applications receiving final approval by the FDA.

In the world of video games, titles play a crucial role in capturing initial interest and conveying the essence of the gaming experience.

Artificial Intelligence (AI) is the simulation of human intelligence processes by machines, such as computer systems for assistance in quickly answering complicated questions, researching a specific topic, or creating an image.

A new trend is emerging among corporations to seek immunity from prosecution and prevent consumers from suing after the corporation's product injures a consumer.

In the fall of 2023, California's Department of Insurance unveiled the Sustainable Insurance Strategy, a comprehensive initiative aimed at reforming the state's insurance market.

Business leaders know that trade secret theft is a continuing significant business risk and that, at times, well-intentioned risk mitigation is unsuccessful...

For decades, Depo-Provera has been presented as a game-changing contraceptive—a quick injection every three months that promised simplicity and effectiveness.

Transactional attorneys play a key strategic role in drafting essential documents, such as corporate formations and contracts, on behalf of corporate clients.

Today's cybersecurity environment demands that every business establish effective corporate data privacy and consumer information security systems and practices.

This fall, Robins Kaplan LLP, in collaboration with Public Counsel, Brown Goldstein & Levy, and Inner City Law Center, secured a historic legal victory for disabled homeless veterans in Los Angeles.