Legal Insights
Thought leaders from around the world contribute their perspectives on landmark cases, new legislation, and legal perspectives on new technologies, business practices, and civil procedure.
Featured Articles
Supreme Court Rejects the 'Promise of the Patent,' Redefines Canada’s Patent Utility Requirement
Julie Desrosiers and Michael Shortt
The nine judges of the Supreme Court ruled on Friday that the so-called “promise doctrine” was not part of Canadian patent law, and laid out a new approach to the utility requirement which substantially lowers the bar to proving usefulness of patented inventions.
Supreme Court Reinstates Venue Limitations in Patent Cases
Jeff C. Dodd, Tonya Gray, Ben Setnick, John R. Hutchins, Rose Cordero Prey, and Mark A. Chapman
This week, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court undid the settled practice of virtually nationwide venue for patent infringement cases.
Greek Supreme Court Contests the Validity of Philips’ EFM+ (DVD) Patent
Kriton Metaxopoulos
An overview on the ruling of Philips’ EFM+ (DVD) Patent in the Greek Supreme Court.
Patent Battles at the PTO
S. Benjamin Pleune
Inter partes review (IPR) has become the procedure of choice to resolve the validity of patents, with or without a co-pending litigation.
Drones: What Legal Issues Should You Be Thinking About?
Rachel Constantino-Wallace, John Roche, and John Wechkin
Issues like product liability, FAA compliance, privacy, and IP surround the use of drones for personal and business use.
Is That Famous Song Protected by Copyright? Maybe Not – and the Change Means Refunds for Some
Michael B. Fein
A guide to navigating copyright claims on famous songs.
Initial Data Shows that PTAB Is Not a ῾Death Squadʼ for Biologic Drug Patents
Corinne E. Atton and April M. Breyer
The March 2017 statistics issued by PTAB report that across all technologies, all challenged patent claims are found patentable in only 19 percent of inter partes review (IPR) final written decisions.
Beyond Rope and Dope
D. Rodney Kight Jr.
The hemp industry emerges as a powerful global force in natural health care.
Morrison Foerster Wins Jury Trial for University of California Davis
Morrison & Foerster
Jury trial won for the University of California Davis in—yes—a strawberry patent infringement case.
Q&A with Colleen Tracy James of Mayer Brown
Best Lawyers
A Q&A with Advisory Board member Colleen Tracy James of Mayer Brown.
“Defend Trade Secrets Act” Signed Into Law Effective May 11, 2016
Brooks Kushman
The Defendant Trade Secrets Act of 2015 (“DTSA”), was signed into law by President Obama on May 11, 2016. The new statute creates broad private federal cause of action for trade secret misappropriation and has been hailed as “the most sweeping change to the nation’s intellectual property laws in a generation or more.”
Summer Travel, Trucking, and Hidden Dangers
LaBarron N. Boone
As vacationers take to the roads this summer, they may not realize the dangers those driving the big rigs next to them face.
CEO Acquitted of Securities Fraud Charge
Bart Daniel
On April 19, 2017, after a two-week trial, a federal jury unanimously acquitted Revolutions Medical Corporation (RMCP) CEO Rondald Wheet on all three counts of securities fraud and false filings with the Securities and Exchange Commission (SEC).
Pennsylvania Supreme Court Issues Landmark Workers’ Compensation Decision
Dave Brown
The claimants’ workers’ compensation bar in Pennsylvania scored a significant victory when the state’s high court issued its decision in Protz v. WCAB.
Sovereign Enterprise Partnership with Indian Tribes
Edward D. Gehres
Four things every tribe and its partners can’t miss.
Protect Two of Your Most Valuable Business Assets: Your Company Name and Important Brand Names
Paul C. Van Slyke
Your company name and important brand names are two types of your most valuable business assets. Without your company name and brand names, consumers and trade buyers would not be able to identify easily (and choose) your goods or services over those of another.
Victory for The Slants and Redskins
Carol Steinour Young and Emily Hart
On June 19, 2017, the United States Supreme Court settled the issue of whether an offensive name—in this case, an Asian-American rock band called “The Slants”—can properly be registered as a trademark.
The Christian Faith Fellowship Church and Adidas AG
Roberta Jacobs-Meadway
What is "use" in commerce?
Five Tips for Cloud Computing Businesses
Frederic M. Wilf
Cloud computing continues to be a powerful and cost-effective means to build a business with international reach.
Floating Infrastructure
Kerri L. Barsh
The ability to move a water treatment plant closer to the populations that the plant would serve and then re-locate that facility to another location as demographics change or in the event of a natural disaster could prove invaluable.
Pilot Project Aims to Expedite Discovery in Federal Court
Robert A. Clifford
Discovery has become more expansive in litigation, despite the fact that the vast majority of civil cases settle before trial.
Trends in EB1 Self-Sponsored Extraordinary Ability Permanent Residence Cases for Researchers
Douglas J. Halpert
Both the “mirror test” and the USCIS regulatory standard impose exacting standards subject to interpretation.
