Trending At The PTAB: When To Ask Court For Litigation Stay

As defendants consider moving to stay district court litigation pending decisions from the Patent Trial and Appeal Board, it is useful to look at the results of recent contested motions to stay in Delaware and West Texas, say Umber Aggarwal and Kevin Rodkey at Finnegan.

How Implicit Bias Instructions May Affect Jury Verdicts

Amid persistent concerns that jury verdicts may be influenced by racial biases, consultants Emily Shaw and Taylor Kidd, and professor Mona Lynch, discuss their new study examining the impact of specialized instructions warning jurors about implicit biases, and highlight several areas ripe for future exploration.

Fox Ex-Producer Case Is A Lesson In Joint Representation

A former Fox News producer's allegations that the network's lawyers pressured her to give misleading testimony in Fox's defamation battle with Dominion Voting Systems should remind lawyers representing a nonparty witness that the rules of joint representation apply, says Jared Marx at HWG.

Protecting Workplace Privacy In The New Age Of Social Media

The rise of platforms like TikTok and BeReal, that incentivize users to share workplace content, merits reminding employers that their social media policies should protect both company and employee private information, while accounting for enforceability issues, say Christina Wabiszewski and Kimberly Henrickson at Foley & Lardner.

As The Metaverse Expands, Bankruptcy Questions Arise

Restructuring and bankruptcy happen in the metaverse, too — and the uncertain and evolving rules of digital ownership could have surprising effects on who gets paid, with increasing tension between platforms and users, say Kizzy Jarashow and James Lathrop at Goodwin.

'Baby Shark' Case May Clarify Foreign Party Service Via Email

The Second Circuit is poised to address the complex issue of serving foreign parties in Smart Study v. Acuteye-US — a copyright suit against third-party merchants in China over the "Baby Shark" children's song — and its decision could make service by email conclusively invalid in several jurisdictions, say attorneys at Norton Rose.

Insights After High Court Arguments In Amgen Patent Case

Monday's arguments before the U.S. Supreme Court in Amgen v. Sanofi — regarding the scope of the enablement standard for patented inventions — show the decision's impact will depend on whether the justices determine the Federal Circuit adopted a new test or applied settled law to the claims at issue, say David Bassett and Christine Duh at WilmerHale.

Opinion

Stanford Law Protest Highlights Rise Of Incivility In Discourse

The recent Stanford Law School incident, where students disrupted a speech by U.S. Circuit Judge Kyle Duncan, should be a reminder to teach law students how to be effective advocates without endangering physical and mental health, says Nancy Rapoport at the University of Nevada.

Dispute Prevention Strategies To Halt Strife Before It Starts

With geopolitical turbulence presenting increased risks of business disputes amid court backlogs and ballooning costs, companies should consider building mechanisms for dispute prevention into newly established partnerships to constructively resolve conflicts before they do costly damage, say Ellen Waldman and Allen Waxman at the International Institute for Conflict Prevention and Resolution.

Opinion

IEEE Patent Licensing Policy Updates Need Clarity

To reduce litigation risks, the Institute of Electrical and Electronics Engineers Standards Association should provide additional guidance on its unfortunate patent policy updates, which reintroduced ambiguities into the standard essential patent ecosystem, say Michael Carrier at Rutgers and Brian Scarpelli at The App Association.

TTAB Failure-To-Function Decisions Offer TM Guidance

Two recent failure-to-function decisions from the Trademark Trial and Appeal Board show that counsel must consider clients' intent and public perception when adopting a slogan — and prepare to show the transformation of the phrase from common to source-identifying, say Lisa London and Margaret Esquenet at Finnegan.

Examining The New UK Service Guidance For TM Proceedings

A new much-anticipated U.K. Intellectual Property Office practice notice affects situations where there is no valid U.K. address for service of documents in trademark and registered design proceedings, and will mean rights holders are on notice at an earlier stage of proceedings, with limited time in which to respond, says Nina O'Sullivan at Mishcon de Reya.

Defamation Alternatives For Suing Hoax Social Media Users

A recent proliferation of false or hoax social media content has targeted public figures and corporate accounts, and for plaintiffs seeking redress there are three types of claims that may be less-risky alternatives to defamation and libel litigation, say Charles Schafer and Ross Kloeber at Sidley.

Practical Skills Young Attorneys Must Master To Be Happier

For young lawyers, finding happiness on the job — with its competitive nature and high expectations for billable hours — is complicated, but three skills can help them gain confidence, reduce stress and demonstrate their professional value in ways they never imagined, says career counselor Susan Smith Blakely.

After SVB Collapse, A Lesson In Patents As Debt Collateral

The cautionary tale of Silicon Valley Bank's recent failure highlights the importance of the proper securitization of intellectual property pledged as collateral, with five critical steps for perfecting security interests and protecting lenders' and creditors' rights, says Gregory Campanella at Ocean Tomo.