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On October 4, 2024, District Judge Philip M. Halpern (S.D.N.Y.) denied Defendant Regeneron Pharmaceuticals Inc. (“Regeneron”)’s Motion for Summary Judgment that (1) Allele was not entitled to any pre-suit infringement damages because it did not properly mark; and (2) that Regeneron did not willfully infringe the ’211 patent. Slip Op. at 1-2. The Court also…

Last week I had the pleasure of sitting down and discussing the legal implications of AI with a group of General Counsels. This group of GCs represented companies from the Fortune 100 all the way to mid-size enterprises. That said, they all had one thing in common: AI was already impacting their businesses, and will impact…

A closer look at Ares Trading S.A. v. Dyax Corporation – The August 2024 Third Circuit decision in Ares Trading S.A. v. Dyax Corporation contributes to the discussion of Brulotte and its progeny. Similar to C.R. Bard v. Atrium, Ares addresses royalty obligations that extend beyond the life of the licensed patent. However, unlike C.R. Bard, the court in Ares held the royalty obligations at…

In December 2021, Suffolk County, New York, experienced a significant cybersecurity breach that culminated in a ransomware attack in September 2022. The attack went undetected for months, allowing the attackers to install remote-access tools and steal sensitive files before encrypting the county’s data. This incident, which cost taxpayers $25 million, serves as another data point…

Safe handling of electric vehicle (EV) batteries is in the forefront of the news this hurricane season due to the increased risk of battery fires following saltwater intrusion from storm surges, and states are beginning to seriously grapple with the question of whether and how to regulate safe handling and end-of-life management of this new…

On October 7, 2024, Ciox Health d/b/a Datavant Group (“Datavant”) filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights after discovering that confidential information that had been provided to the company was subject to unauthorized access. In this notice, Datavant explains that the incident resulted…

When you need to seek justice for a loved one’s tragic and untimely death, it is important to have a team of experienced professionals on your side. This includes not only a wrongful death attorney in Florida but also experts who can help prove both: (i) that your family is entitled to just compensation; and…

The Appellate Division of the State of New York, First Department recently reversed a lower court decision, holding that a subcontractor did not owe a duty of care to a plaintiff working on a jobsite and therefore, determined that the subcontractor could not be held liable for a common law negligence claim….By: Kennedys

The U.S. Consumer Product Safety Commission (CPSC) announced a new rule on September 18, 2024, which will implement the first-ever federal safety standards for infant nursing pillows. This rule comes in response to 154 infant deaths and 64 serious injuries believed to be caused by these products between 2010 and 2022. These deaths commonly involved…