SEPTEMBER 12, 2019
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In house attorneys looking for a better way to organize, vet and easily retrieve legal news created the National Law Review on-line edition.

Around the clock, the National Law Review's editors screen and classify breaking news and analysis authored by recognized legal professionals and our own journalists.

There is no log in to access the database and new articles are added hourly.
These days it seems that copyright law is everywhere, from lawsuits alleging that the multiplayer online battle game Fortnite infringed popular dance moves such as the floss,1 to the Ninth Circuit agreeing that Pharrell Williams and Robin Thicke’s song “Blurred Lines” infringed Marvin Gaye’s copyrighted hit song “Got to Give It Up.”2 As the Internet and technology have become omnipresent in our lives, the constant availability of copyrighted content—from streamed music to photos and posts on social media—has led to the perpetuation of copyright myths. Unfortunately, these myths and numerous others have caused misconceptions over the rights of the copyright holder and the obligations of the user. More on Copyright Myths Here >
In a non-precedential opinion, the Federal Circuit held as patent-ineligible patent claims to personalized therapy to treat patients who would benefit from inhaled nitric oxide treatment and withhold treatment from patients who might be harmed. INO Therapeutics LLC v. Praxair Distribution Inc. (Fed. Cir. 2018-1019, Aug. 27, 2019). In dissenting and finding the claims eligible, Judge Newman cautioned against the majority’s interpretation of the Federal Circuit’s own precedent on patent eligibility and its downstream negative impact on medical innovation. The decision, while non-precedential, is still an important tutorial on patent-eligibility of claims that combine diagnostic and treatment steps routinely used in personalized medicine. More on Personalized Therapy Patent here >
On August 20, 2019, U.S. District Court Judge Joseph F. Bataillon issued a judgment addressing the total amount of damages awardable to Olaplex LLC (“Olaplex”) after a contentious legal battle with French cosmetics giant L’Oréal USA, Inc. (“L’Oréal”) over the “holy grail” of hair products: a protective additive for chemical treatments preventing hair damage caused by coloring and styling.
Olaplex, a small California startup, was founded in 2014 after CEO Dean Christal partnered with Drs. Craig Hawker and Eric Pressly to invent a novel “bonding building” intended to protect hair during and after chemical treatments. More on Trade Secret Theft here >
In a recent initial determination, Administrative Law Judge (“ALJ”) Cheney of the U.S. International Trade Commission (“ITC”) provided useful guidance for patentees by reaffirming that there is no categorical rule that patent prosecution expenses cannot be included in the domestic industry analysis at the ITC, and also finding that complainants may rely upon expenses relating to FDA compliance to satisfy the domestic industry requirement.   More on Patent Prosecurtion adn FDA Compliance Expenses here >
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