Expert Analysis

• Attorney Playbook For Women's College Sports Is Changing

  

  The record viewership of the NCAA Division I Women's Basketball national championship this year shows a tidal shift in the interest in women's sports, bringing new considerations, challenges and opportunities for counsel advising schools on attracting and serving students, and corporations on partnering with athletes, say attorneys at Squire Patton.

• Fed. Circ. Args Don't Bode Well For Patent Term Adjustment

  

  Recent oral arguments indicate that the Federal Circuit is likely to affirm the Patent Trial and Appeal Board's holding in Cellect, meaning judge-made law on obviousness-type double patenting could displace a congressionally authorized patent term adjustment rewarded for examination delays caused by the U.S. Patent and Trademark Office, says Vincent Shier at Haynes Boone.

• What Jack Daniel's High Court Ruling Means For Parody

  

  The U.S. Supreme Court’s recent trademark ruling in Jack Daniel’s v. VIP Products doesn’t shed much light on the analytical approach to be used outside the boundaries of this case, but it does give a much narrower berth to those that use another party’s mark, says J. Michael Keyes at Dorsey & Whitney.

• Rethinking In-Office Attendance For Associate Retention

  

  The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.

• Fintiv Discretionary Denials Seem To Be Back At PTAB

  

  The significance of discretionary denials in inter partes reviews since the 2020 Fintiv decision has surged and ebbed, but recent Patent Trial and Appeal Board decisions signal a potential comeback — requiring patent litigators to recalibrate their strategies, say Josepher Li and Michelle Armond at Armond Wilson.

• TTAB's 'Rapunzel' Ruling May Stem From Towering Caseload

  

  The Trademark Trial and Appeal Board's recent Curtin v. United Trademark Holdings decision, rejecting a consumer's opposition to the "Rapunzel" trademark, limits standing to those with commercial interests, and may be influenced by the board's need to control a growing caseload, says Joel Samuels at Harness IP.

• What Innovators Can Expect In The Patent World After Amgen

  

  After the U.S. Supreme Court's recent Amgen v. Sanofi decision, which invalidated Amgen's patents because the specifications failed to enable the full scope of the invention, innovators should expect more enablement rejections and invalidity challenges, and higher standards overall for obtaining broad genus claims, says Kisuk Lee from Harness IP.

• USPTO's Speed On Some China Patents Bears A Closer Look

  

  While all U.S. Patent and Trademark Office expedited programs are meant to be examined in the same manner, a survey of Patent Prosecution Highway actions indicates some examination processes may favor applications originating in China, says Julie Burke at IP Quality Pro.

• Murdaugh Trials Offer Law Firms Fraud Prevention Reminders

  

  As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.

• Lessons On Attorney Fee Motions In Fed. Circ. Patent Case

  

  The Federal Circuit's recent decision in OneSubsea v. FMC Technologies offers important lessons on pursuing attorney fees in patent litigation, including how persuading the district court to your side is essentially your only shot, says Jeremy Edwards at Procopio Cory.

• High Court TM Ruling Is A Small Dog With A Big Bite

  

  The U.S. Supreme Court’s recent ruling in Jack Daniel’s v. VIP Products is fairly narrow and may or may not result in trademark infringement liability, but the decision touches on core principles that could affect trademark litigation and registration for years to come, says Robert Hunziker at Covington.

• AI Voice Tech Legal Issues To Consider In The Film Industry

  

  As studios create believable and identifiable artificial voice performances, there will be several legal pitfalls that rights-holders should evaluate in the context of rights of publicity, consumers' rights, relevant guild and union agreements, and the contractual language of performers' agreements, says Karen Robson at Pryor Cashman.

• AI-Fueled Innovation Poses Patentability Challenges

  

  Robert Plotkin at Blueshift IP explores questions about standards for inventorship, nonobviousness and disclosure as patent practitioners, the U.S. Patent and Trademark Office, and the courts grapple with rapid innovation in AI technology.

• Firm Tips For Helping New Lawyers Succeed Post-Pandemic

  

  Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

• What To Know About Recent Trends In PTAB Sanctions

  

  Hilary Gerzhoy at HWG discusses recent Patent Trial and Appeal Board trends in sanctioning and how to handle a discipline complaint from the U.S. Patent and Trademark Office in the wake of the PTAB's recent cancellation of multiple biological specimen collection patents.