Intellectual Property

April 7, 2020

American and Asian companies considering investments in Europe often focus on targets based in Germany, Europe’s largest national economy. Many buyers are not aware that due to the particularities of German employee invention law the patent portfolio of the target may contain considerable risks with regard to patent ownership. In the worst case, such “skeletons in the closet” may prevent the target company from using the patented technology. On March 15, 2019, my colleague Janice …

Southwest Florida Business and IP Blog

Eleventh Circuit Clarifies Standard for Retaliation Under Title VII

By Kyle Dudek

April 7, 2020

It has long been settled that mistreatment based prohibited characteristics (such as race or sex) is actionable under Title VII even without a tangible employment action – e.g., termination, demotion, or pay cut. These are often referred to as hostile-environment claims. A hostile-environment claim under Title VII requires evidence of mistreatment that is sufficiently severe of persuasive that it can be said to alter the terms or conditions of employment. This measure is meant to…

Big Molecule Watch

Upcoming Webinar: So You Want To Make A Biosimilar? Top Considerations Before You Start

By Big Molecule Watch

April 7, 2020

We are pleased to present the first in a series of webinars relating to Goodwin’s Guide to Biosimilars Litigation and Regulation in the U.S. which provides expert guidance and practical know-how for lawyers working in this growing area of the law. The first webinar, So You Want To Make A Biosimilar? Top Considerations Before You Start, will take place tomorrow, Wednesday, April 8th. Big Molecule Watch editors Mike Cottler, Cindy Chang and Keith …

The Traklight Blog

Musician Tries To Fix Copyright By Copyrighting All The Melodies

By mwillee@traklight.com Mike Willee

April 7, 2020

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Music copyright has proven to be a tricky topic in recent years, given how readily available music is at present paired with the ability to take on alleged infringement, both through YouTube and in the courts. (Not that any court case would ever be considered easy.) The exponential growth in copyright cases within music is a matter of some debate and contention; some believe in the absolute ability of creators to protect their work from…

Intellectual Property Law Blog

AIPLA’s Updated Model Patent Jury Instructions Address “Clear and Convincing” Standard of Proof & Streamline Case Citations

By Bill Blonigan & Eric Gill

April 7, 2020

At every jury trial involving patent-infringement or -invalidity claims, a judge must tell jurors what the law is and how to apply it when reaching a verdict. In the legal community, patent law is known as one of the most complicated and specialized areas of law, so this is asking a lot of most judges, who have broad and vast legal knowledge, but do not typically specialize in patent law. Fortunately, organizations including the American…

Trademark Opposition Lawyer

Covid-19 Uruguay Trademark Opposition Update

By James Hastings

April 7, 2020

We recently spoke with Martin Hermida, intellectual property consultant at ClarkeModet in Uruguay, to discuss how COVID-19 has impacted Uruguay trademark opposition and cancellation rules and procedures. 1. How has the COVID-19 pandemic impacted your national trademark office’s policies and procedures regarding Uruguay trademark oppositions, cancellations, and invalidations? The COVID-19 pandemic has not affected the procedures regarding trademark oppositions, cancellations, and invalidations to this day. The most important reason for this is that all…

Socially Aware Blog

Computer Service Providers Face Implied Limits on CDA Immunity

By J. Alexander Lawrence & Janelle Hyun

April 7, 2020

Often lauded as the most important law for online speech, Section 230 of the Communications Decency Act (CDA) does not just protect popular websites like Facebook, YouTube and Google from defamation and other claims based on third-party content. It is also critically important to spyware and malware protection services that offer online filtration tools. Section 230(c)(2) grants broad immunity to any interactive computer service that blocks content it considers to be “obscene, lewd, lascivious,…

Everything IP Under One Digital Roof

Trade Secrets and Teleworking: How to Protect Your Rights in an Evolving Crisis

By Lauren Andrews

April 7, 2020

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By: R. Devin Ricci Companies that rely upon trade secret information must remain diligent with their rights at all time – one inadvertent disclosure could, in theory, kill trade secret protection. As such, companies will need to adapt and revamp their security measures to account for the mass adoption of teleworking in response to the COVID-19 pandemic. The Uniform Trade Secrets Act[1] protects certain information that “[i]s the subject of efforts that are…

Ogden Glazer + Schaefer Blog

Families First Means Paid Leave

By Erin Ogden

April 7, 2020

There are currently two COVID-19 related acts: The Families First Coronavirus Response Act (“FFCRA”) and the Coronavirus Aid, Relief, and Economic Security (CARES) Act. I know everyone wants to know about the Payroll Protection Program under the CARES Act. We’ve been looking at it and talking to banks, but let’s address the Families First Act first because if you haven’t done the following, you need to act on that promptly. The FFCRA requires companies under…

Patents Post-Grant

Texas Plaintiffs More Likely to Side-Step PTAB?

By Scott McKeown

April 7, 2020

NHK Swallows General Plastic The America Invents Act (AIA) was passed into law in 2011 to provide a more cost-effective, faster alternative to district court patent litigation. At the time, bill sponsors explained that some of America’s largest innovators were paying more to their patent lawyers in a given year — to defend against “patent troll” suits— than they were on new research and development. The role of the Eastern District of Texas (EDTX) in this…

Intellectual Property

Underestimated Risks: M&A and German Employee Inventions

Eleventh Circuit Clarifies Standard for Retaliation Under Title VII

Upcoming Webinar: So You Want To Make A Biosimilar? Top Considerations Before You Start

Musician Tries To Fix Copyright By Copyrighting All The Melodies

AIPLA’s Updated Model Patent Jury Instructions Address “Clear and Convincing” Standard of Proof & Streamline Case Citations

Covid-19 Uruguay Trademark Opposition Update

Computer Service Providers Face Implied Limits on CDA Immunity

Trade Secrets and Teleworking: How to Protect Your Rights in an Evolving Crisis

Families First Means Paid Leave

Texas Plaintiffs More Likely to Side-Step PTAB?

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