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UPDATE: Did the Supreme Court's 'Arthrex' Decision Open Pandora's Box? Image

UPDATE: Did the Supreme Court's 'Arthrex' Decision Open Pandora's Box?

Robert E. Browne, Jr. & Ryan C. Deck

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.

Features

Proper Notice of Trademark Rights: Using Trademark Symbols for Three-Dimensional Packaging and Product Designs Image

Proper Notice of Trademark Rights: Using Trademark Symbols for Three-Dimensional Packaging and Product Designs

Stephen Lott & Lauren Gregory

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?

Features

What's Happening With Productions Tax Credit In GA? Image

What's Happening With Productions Tax Credit In GA?

Mason Lawlor

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.

Features

State Law Requiring Offer to License Conflicts With Copyright Act Image

State Law Requiring Offer to License Conflicts With Copyright Act

Allison Dunn

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.

Features

2d Cir. Arguments In Judge Moore's Defamation Case Against Baron Cohen Image

2d Cir. Arguments In Judge Moore's Defamation Case Against Baron Cohen

Jane Wester

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.

Columns & Departments

Fresh Filings

ELF Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Columns & Departments

Players On the Move

ELF Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Columns & Departments

Bit Parts

Stan Soocher

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

Features

Applying 'Part Performance' In Practice Image

Applying 'Part Performance' In Practice

Adam Leitman Bailey & John M. Desiderio

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.

Features

Third Circuit Rejects Side-Switching Disqualification Claim Image

Third Circuit Rejects Side-Switching Disqualification Claim

Michael L. Cook

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.

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