Week Ahead in Intellectual Property: Oct. 11, 2021 – Reuters

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(Reuters) – Here are some upcoming events of interest to the intellectual property law community. Unless otherwise noted, all times are local, and court appearances are in person.
Tuesday, October 12
2 p.m. – U.S. District Judge Robert Schroeder will hear arguments on Netflix, Dark Horse Comics, and artist and musician Gerard Way's motion to dismiss Kevin Atkinson's claims that the "Umbrella Academy" comic book and TV show rips off one of his characters. Kevin Atkinson told the Texarkana, Texas court that A.J. Carmichael from "Umbrella Academy" copies Kingfish from his Rogue Satellite Comics, both of whom have human-like bodies topped with a fish in a glass jar. Netflix argued that it didn't copy from Atkinson, that the characters aren't substantially similar, and that Atkinson can't copyright the "mere idea of a fantasy character with a fishbowl head."
The case is Atkinson d/b/a Rogue Satellite Comics v. Netflix Inc, U.S. District Court for the Eastern District of Texas, No. 5:21-cv-00079. For Atkinson: Derek Gilliland of Sorey & Gilliland. For Netflix: Leon Carter and Joshua Bennett of Carter Arnett.
Wednesday, October 13
12:30 p.m. – The American Intellectual Property Law Association will hold a webinar called "Patent Practitioners, Be On Guard: Artificial Intelligence Will Take Over the Practice of Patent Law – How an AI created the title for this talk, and what it means for your patent practice." The event will cover topics including uses for AI and machine learning in patent practice and debunking common misconceptions about AI. Stephanie Curcio of Legalicity, Jason Adaska of Holland & Hart, Hayley Talbert of Seed Intellectual Property Group, Jeffrey Woodworth of HP Inc, and Harry Surden of the University of Colorado will present the program.
1 p.m. – The U.S. Patent and Trademark Office will hold its 2021 Hispanic Innovation and Entrepreneurship Program, a free online event to teach about resources for Hispanic inventors and entrepreneurs. The program features talks with PTO officials, business owners, and inventor Leandro Margulis.
Thursday, October 14
10 a.m. – U.S. District Judge Richard Andrews in Delaware will hear arguments on Hikma Pharmaceuticals' motion to dismiss claims that its generic version of Amarin Pharma's omega-3 heart drug Vascepa induces healthcare providers and patients to infringe three Amarin patents. Amarin sued Hikma last year over the patents, which cover compositions of Vascepa and a method of using it to lower the risk of cardiac events. Hikma argues its generic doesn't induce infringement because it wasn't approved by the U.S. Food and Drug Administration for that use and its labels don't mention it. The U.S. Supreme Court rejected Amarin's bid to revive other patents related to Vascepa, its lead drug, in June.
The case is Amarin Pharma Inc. V. Hikma Pharmaceuticals USA Inc, U.S. District Court for the District of Delaware, No. 1:20-cv-01630. For Amarin: Jeremy Anderson of Fish & Richardson. For Hikma: Charles Klein of Winston & Strawn, Dominick Gattuso of Heyman Enerio Gattuso & Hirzel.
Know of an event that could be included in an upcoming Week Ahead in Intellectual Property? Contact Blake Brittain at blake.brittain@thomsonreuters.com
Our Standards: The Thomson Reuters Trust Principles.
Washington-based correspondent covering court cases, trends, and other developments in intellectual property law, including patents, trademarks, copyrights, and trade secrets. Previous experience at Bloomberg Law, Thomson Reuters Practical Law and work as an attorney.
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