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U.S. Court of Appeals for the Third Circuit
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Johnson & Johnson v. Samsung Bioepis — Third Circuit Holds Market-Share Loss from Biosimilar Competition Is Not Per Se Irreparable Harm

The Third Circuit affirmed denial of J&J’s preliminary injunction against Samsung’s sublicensing of a Stelara biosimilar to a Cigna subsidiary, holding that loss of market share in the biologics market does not categorically constitute irreparable harm in breach-of-contract cases.

U.S. Court of Appeals for the Third Circuit
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ASTM v. UpCodes — Third Circuit Holds That Republishing Copyrighted Building Codes Incorporated into Law Is Fair Use

The Third Circuit affirmed denial of a preliminary injunction, holding that UpCodes’ verbatim republication of copyrighted ASTM building standards incorporated into law likely constitutes fair use because its purpose — providing free public access to the law — is transformative.

U.S. Court of Appeals for the Third Circuit
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ASTM International v. UpCodes — Third Circuit Holds That Online Publication of Copyrighted Building Standards Incorporated Into Law Is Likely Fair Use

The Third Circuit affirmed the denial of ASTM’s preliminary injunction, holding that UpCodes’ free online publication of copyrighted technical standards that have been incorporated by reference into building codes likely constitutes fair use — even though UpCodes is a for-profit company

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