Student Athletes And Compensation For Likeness
November 30, 2015
In the last few years, every college football fan became familiar with "Johnny Football," "The Honey Badger," and "Famous Jameis." These recognizable names are not only associated with Heisman-quality talent, but also with the new world of student athlete trademark registrations.
IP News
November 30, 2015
Federal Circuit Affirms Anticipation of Claims <br>Federal Circuit: No Jurisdiction Over Appeal By Interested Third-Party Attorneys When Underlying Case Had Settled<br>In IPR Appeal, Federal Circuit Reverses PTAB Determination of Nonobviousness
IP News
November 02, 2015
Federal Circuit: The PTAB Determination of the Timeliness of an IPR Petition Is Part of the Initial Decision to Institute an IPR, and Is Not Reviewable on Appeal <br>Federal Circuit: Laches Is an Affirmative Defense to Patent Infringement Codified in 35 U.S.C. '282
Crazy for Fair Use
November 02, 2015
The Ninth Circuit has held that fair use is an exception to copyright law and not a defense, in the first federal appeals court ruling on this issue. The decision is the latest in the ongoing battle between plaintiff Stephanie Lenz and defendant Universal Music Corp. and affiliated companies (Universal). Starting in a rural kitchen in Pennsylvania, the case is now a landmark decision in copyright law that protects many home videographers.
Damages In Design Patent Infringement Cases
November 02, 2015
The successful plaintiff in a design patent infringement case is entitled to recover the greater of the defendant's profits or its own damages, regardless of how the jury desires to apportion the award. Thus, in <i>Nordock, Inc. v. Systems Inc.,</i> the Federal Circuit ordered a new damages trial on the grounds that the amount of defendant's profits assessed by the jury was not supported by the evidence or in accordance with the law.
Designs on Cheerleader Uniforms Can Be Copyrighted
November 02, 2015
When is a graphic design a "work of authorship" that, when incorporated into the design of a useful article, is "identified separately from, and ' capable of existing independently of, the utilitarian aspects of the article"? In deciding that the designs on cheerleader uniforms were more like copyrightable fabric designs than unprotectable garment designs, the Sixth Circuit undertook a lengthy analysis of "separability.
<b><i>Online Extra:</b></i> Google, Microsoft Strike Patent Peace Deal
October 05, 2015
Microsoft Corp. and Google Inc. have buried the hatchet on five years of patent litigation.The companies issued a joint statement on Sept. 30 announcing the conclusion of 20 cases being litigated in the United States and Europe. The agreement comes a week after a U.S. Court of Appeals for the Ninth Circuit decision resolving one of their most prominent disputes.
NLRB General Counsel Shines Guideline Light on Employer Work Rules
October 02, 2015
The NLRB general counsel recently issued a 30-page memorandum setting forth guidance on employers' internal personnel policies to ensure compliance with the National Labor Relations Act. The report is relevant to nearly all private employers, regardless of whether they have union-represented 'employees. We conclude our discussion of the report herein.
Overcoming Challenges In Transferring Technology In Academia and Beyond
October 02, 2015
University technology transfer offices (TTOs) bridge the gap between innovation and commercialization by identifying ways to protect university-generated innovations from unauthorized exploitation, by obtaining the appropriate protection for such innovations, and by facilitating commercialization of these innovations. For-profit companies worldwide engage in a similar process; however, universities face unique challenges in these efforts.
