Litigation Topic- Page 48 | LawJournalNewsletters.com

UPDATE: Did the Supreme Court's 'Arthrex' Decision Open Pandora's Box?
In June 2021, the Supreme Court ruled in U.S. v. Arthrex that the statutory scheme appointing Patent Trial and Appeal Board administrative patent judges to adjudicate IPRs violates the appointments clause of the U.S. Constitution. Specifically, the Court concluded that because APJ decisions in IPR proceedings are not reviewable by a presidentially appointed and Senate-confirmed officer, such determinations are not compatible with the powers of inferior officers. The PTO later decided that it would not accept requests for director review of institution decisions. This policy is now also being questioned in Arthrex's wake.
July 01, 2022Robert E. Browne, Jr. and Ryan C. Deck
Proper Notice of Trademark Rights: Using Trademark Symbols for Three-Dimensional Packaging and Product Designs
Among the most common questions trademark attorneys are asked is what the differences are between the symbols ®, TM, and SM. When should such symbols should be used? Where should they appear? How frequently? Do they even need to be used at all?
July 01, 2022Stephen Lott and Lauren Gregory
What's Happening With Productions Tax Credit In GA?
In recent years, the Peach State has become one of the most popular spots for film companies. However, the state General Assembly's action with regarding one bill and inaction with regard to another have threatened to harm the entertainment industry.
July 01, 2022Mason Lawlor
State Law Requiring Offer to License Conflicts With Copyright Act
A federal judge has sided with the Association of American Publishers (AAP), finding in June that a recently enacted Maryland library e-book law conflicts with federal copyright laws.
July 01, 2022Allison Dunn
2d Cir. Arguments In Judge Moore's Defamation Case Against Baron Cohen
Attorneys for former Alabama U.S. Senate candidate Roy Moore and the comedian Sacha Baron Cohen appeared before the U.S. Court of Appeals for the Second Circuit in June, with Moore's attorney Larry Klayman urging the three-judge panel to reverse the district court ruling dismissing a lawsuit Moore filed.
July 01, 2022Jane Wester
Fresh Filings
A look at moves among attorneys, law firms, companies and other players in entertainment law.
July 01, 2022ELF Staff
Players On the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
July 01, 2022ELF Staff
Bit Parts
Arbitration Clause in Prior Dispute Settlement Doesn't Apply to Cheaters Uncensored Current Copyright Dispute Are Co-Authors of "Back N Forth" Co-Authors of Derivative Work? Pandora's Streaming of Turtles Hits Isn't Issue of Public Debate Under California's Anti-SLAPP Statute
July 01, 2022Stan Soocher
Applying 'Part Performance' In Practice
The doctrine of part performance can overcome the strictures of the Statute of Frauds when parties enter into unwritten business deals, or into written business deals with unwritten ancillary terms and they do not contemplate all of the possible circumstances that might arise in the course of their dealings.
July 01, 2022Adam Leitman Bailey and John M. Desiderio
Third Circuit Rejects Side-Switching Disqualification Claim
Conflicts of interest among clients are a chronic problem for law firms with many clients. How law firms address the problem — and they must — is what the Boy Scouts of America decision shows.
July 01, 2022Michael L. Cook