Intellectual Property

Don't Count On PREP Act To Defend Pandemic IP Infringement

The U.S. Department of Health and Human Services' recent guidance, the rise in pandemic-related intellectual property lawsuits, and constitutional considerations suggest that parties cannot rely with certainty on the Public Readiness and Emergency Preparedness Act to protect against infringement claims, say attorneys at Gibson Dunn.

Opinion

Time To Consider Percentage Rental Agreements For Lawyers

It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

Rebuttal

The Remote Jury Trial Is Not A Bad Idea

A recent Law360 guest article argued that the fundamental genius of the jury trial can only exist in a live setting in a courtroom, but the online process is at least as fair as its in-person counterpart, says Pavel Bespalko at Tricorne.

Altera Could Bolster State Transfer Pricing Scrutiny

The reasoning of the Ninth Circuit's Altera v. Commissioner decision — which the U.S. Supreme Court recently declined to review — could provide state tax authorities with an argument for additional discretion when challenging transfer pricing arrangements between affiliated entities, say attorneys at Eversheds Sutherland.

'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

A Guide To West Texas Patent Cases Before Albright: Part 1

Patent litigants must become familiar with the unique procedures of the Western District of Texas under Judge Alan Albright, who has already heard 18% of all nationwide patent infringement cases this year and is expected to hear more than 600 complaints by the end of 2020, say attorneys at WilmerHale.

High Unemployment May Threaten Restrictive Covenants

Restrictive covenants in employment agreements will face greater scrutiny from courts if high unemployment persists, but the analysis will depend on whether the company aims to protect trade secrets, client relationships or its interest in unique employees, says Reid Skibell at Harris St. Laurent.

What You Say In Online Mediation May Be Discoverable

Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

IP Risks To Consider When Joining 'Open COVID Pledge'

While the sharing of intellectual property through initiatives like the Open COVID Pledge is essential for the rapid development of a cure for COVID-19, there are certain precautionary measures that IP owners and potential licensees should undertake in order to avoid future controversies and legal battles, say Gunjan Agarwal and Chipo Jolibois at Fox Rothschild.

Contract, IP And Employment Claims Increase In A Downturn

As a result of current market trends, companies should be prepared for more commercial, intellectual property and employment claims, which can make a downturn even more challenging, says Charlene Morrow at Fenwick.

Strategic Considerations For The Escalating SEP Battles

Recent developments in the standard-essential patent landscape affect licensing negotiations and litigation involving communications and networking technologies, and will lead to increased attention from regulators and potential inconsistencies among different agencies and forums, say Erik Puknys and Michelle Rice at Finnegan.

Mass. Court Deadline Tolling Will Cause Problems For Years

While Massachusetts' 106-day tolling period for all civil statutes of limitations ends Tuesday, the pandemic-related pause will complicate calculation of limitations periods and have ripple effects in many jurisdictions for years to come, says Christian Stephens at Eckert Seamans.

10 Tips For A Successful Remote Arbitration Hearing

As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

Opinion

To Achieve Diversity, Law Firms Must Reinvent Hiring Process

If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

A New Antitrust Approach After Humira 'Patent Thicket' Ruling

In light of an Illinois federal court's recent holding that AbbVie's Humira "patent thicket" did not violate antitrust laws, parties concerned with the potential anti-competitive conduct of a biologic reference product sponsor should focus on conduct and look beyond patent obtainment, says Kevin Nelson at Schiff Hardin.