Intellectual Property

Opinion

Copyright Law's Employment Test Is Frighteningly Outdated

In Horror Inc. v. Miller, the Second Circuit's recent analysis of whether the defendant was an employee or an independent contractor, and thus able to terminate his copyright, illustrates why copyright employment principles need to be updated in view of the post-COVID-19 work context, says Matthew Fagan at Kacvinsky Daisak.

What SEP Holders Can Take Away From UK's Apple Ruling

A U.K. court's recent decision in the standard essential patent dispute between Apple and Optis Cellular Technology provides encouragement for SEP owners litigating their portfolios in the U.K. and reaffirms the country's place as a patentee-friendly jurisdiction, says Tess Waldron at Powell Gilbert.

Anti-Retaliation Refresher Following Facebook Whistleblower

A former Facebook employee’s recent sharing of internal documents with government agencies and the press reminds that whistleblowers are shielded by strong anti-retaliation protections — with certain limitations, depending on the type and scope of material taken and the parties that receive it, says Alia Al-Khatib at Katz Marshall.

Girardi Scandal Provides Important Ethics Lessons

The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

Fed. Circ. Ruling Instructive On Defeating Patent Obviousness

The recent Federal Circuit decision Chemours v. Daikin, holding that the Patent Trial and Appeal Board disregarded prior art teachings in deciding that claims were obvious, reveals how the teaching-away and commercial-success doctrines provide strong arguments to overcome obviousness during patent prosecution or litigation, say attorneys at BCLP.

Series

Embracing ESG: Jabil GC Talks Compliance Preparation

Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

Predicting Fed. Circ. Rule 36 Affirmances In Patent Cases

A review of the timing between patent litigation oral argument and Rule 36 affirmances at the Federal Circuit, assessed across lower courts since 2013, reveals several trends practitioners can rely upon to predict whether their appeal will end in a Rule 36 judgment, say attorneys at Dechert.

Tips For Cos. On Ga. College Athlete Endorsement Law

Georgia recently joined many other U.S. states in adopting a statute enabling collegiate athletes to profit from their names, images and likenesses, but some of the law's restrictions diverge from typical expectations of celebrity endorsements and similar arrangements, so potential sponsors must proceed with caution, say attorneys at BCLP.

3 Ways CLOs Can Drive ESG Efforts

Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

Opinion

Copyright Termination, Work-For-Hire Doctrine Need Review

A recent flurry of litigation by Marvel against former writers shows the necessity of court and agency review of the copyright termination right and the outdated work-for-hire doctrine, which could have far-reaching consequences for today's independent contractors, say Carolyn Martin and Ethan Barr at Lutzker & Lutzker.

How Law Firms Can Rethink Offices In A Post-Pandemic World

Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

Arthrex Ruling Could Reshape Copyright Small Claims Court

The U.S. Supreme Court's recent Arthrex ruling, that administrative patent law judges were unconstitutionally appointed, raises several questions about the constitutionality of the new Copyright Claims Board and about how courts might rewrite the small claims enforcement legislation, say Mary Ellen Roy and Andrew Coffman at Phelps Dunbar.

Opinion

PTAB Revision Bill Offers US Makers Much-Needed Protection

A bipartisan Senate bill that would restore reliable access to patent validity review at the Patent Trial and Appeal Board, ensuring that rewards flow to innovators and protecting American manufacturers against the depredations of hedge funds, deserves Congress' support, says former USPTO acting director Joseph Matal, now at Haynes and Boone.

Series

Embracing ESG: Baker Hughes CLO Talks Sustainability Team

For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

Lead Compound Analysis Is Making Inroads At USPTO

A survey of ex parte appeals at the Patent Trial and Appeal Board concerning lead compound analysis reveals that attacking an examiner's lead compound selection has evolved into a viable approach for responding to obviousness rejections that rely on modifying prior art molecules, says William Carroll at Michael Best.