5 Considerations For Obtaining Design Patents In US, Abroad

With recent World Intellectual Property Organization data indicating a worldwide increase in design patent filings, companies should bear in mind several tips for obtaining and benefiting from design patent protection in the U.S. and abroad, including pointers on key differences among jurisdictions, say Elizabeth Ferrill and Jeffrey Smyth at Finnegan.

2 Insurance Rulings Showcase Trend Favoring Appraisal

Two recent decisions from a Florida state court and the Tenth Circuit are consistent with the purpose of, and overwhelming judicial preference toward, appraisal as a means of property claim resolution, ensuring that policyholders have further support in employing this tool against a reluctant insurer, say Matthew Weaver and Jessica Gopiao at Reed Smith.

Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

And Now A Word From The Panel: Judging MDLs

A review of the judges selected by the Judicial Panel on Multidistrict Litigation to oversee the MDL proceedings established so far this year offers insights on how much experience judges must have before the panel will assign MDLs to them, says Alan Rothman at Sidley.

Series

Confronting Origination Credit: Self-Advocacy Tips For Attys

Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

As Climate Litigation Heats Up, More Cos. Face Liability Risk

The number, pace and sophistication of climate change-related suits are steadily increasing, both in the U.S. and abroad, and while plaintiffs face substantial hurdles under existing law and evidentiary burdens, liability risks to industry, and the scope of potential defendants, are also growing, say attorneys at Pillsbury.

How 'Rocket Dockets' Are Affecting IPR Discretionary Denials

Statistical analysis of over 500 recent Patent Trial and Appeal Board decisions reveals that filing an infringement suit in one of two so-called rocket dockets provided an advantage for patent owners seeking an inter partes review denial based on the copending trial date, say attorneys at Wilson Sonsini.

COVID Insurance Cases Highlight Federal-State Court Tension

COVID-19 insurance coverage litigation has resulted in an unprecedented number of federal courts preemptively ruling on an area of law in which state courts have final say — a problematic trend with likely undesirable results for litigants unless federal courts consider certain proactive solutions, says John Koch at Flaster Greenberg.

A Real-World Guide To Staying Discovery In Federal Court

Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

What Return Of Fraud On USPTO Means For TM Practitioners

In Chutter v. Great Management, the Trademark Trial and Appeal Board held for the first time that reckless disregard for the truth in declarations constitutes fraud on the U.S. Patent and Trademark Office, alerting practitioners that their inattention could result in cancellation of clients' trademarks, says Laura Winston at Offit Kurman.

How Advice-Of-Counsel Defense May Fare In Bannon Case

While it appears that Steve Bannon will say he relied on the advice of his counsel to defend contempt of Congress charges for noncompliance with a House subpoena, the viability of this argument turns on the precise contours of the legal advice his attorney provided, says Steven Gordon at Holland & Knight.

Texas Insurers' Paths To Post-Appraisal Summary Judgment

Despite Texas insurance law changes that have altered the interaction between appraisal awards and certain extracontractual claims, recent state and federal court decisions show insurers still have options for summary judgment on policyholders' claims after the entry of an appraisal award, say Michael O'Brien and Claire Fialcowitz at Zelle.

Record Award Shows Claims Court's Rising Role In IP Matters

The Court of Federal Claims' recent damages award of over $100 million in SecurityPoint Holdings v. U.S. — its largest-ever patent infringement award against the government — highlights the court's increasing importance in patent litigation, as well as its special jurisdiction requirements and fee standards, say Ranganath Sudarshan and Adam Mitchell at Covington.

Opinion

To Vax Or Not To Vax Is Not A Constitutional Question

Opponents of COVID-19 vaccine mandates, including several states' governors, mistakenly insist that such requirements offend their constitutional rights, but a careful review of U.S. Supreme Court jurisprudence on the subject shows no grounding for their position, say Daniel Karon at Karon LLC and Giliann Karon at Accountable Tech.

Auto Cos. Must Prep For State AG Action On Fuel Efficiency

State attorneys general continue to demonstrate their active interest in fuel efficiency standards, so automotive companies should monitor state AGs' statements and activity to respond quickly to new regulatory and enforcement initiatives, say James Koukios and Nathan Reilly at MoFo.