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United States Supreme Court Confirms Works of Art Incorporated Into Useful Articles Are Protected Under Copyright Law

Copyright law has long provided protection for original works of art. There has been some uncertainty as to whether this protection is extended to artistic features that are incorporated into useful articles, which are not...more

University Invokes Sovereign Immunity to Avoid Patent Invalidation Proceeding

In a recent decision, the Patent Trial and Appeal Board (the “PTAB”) held that a states’ sovereign immunity applies to patent inter partes review proceedings. Inter partes review is an alternative to traditional litigation...more

OCR to Increase Investigations Of Smaller PHI Breaches

Healthcare providers and other covered entities must report breaches of unsecured protected health information (“PHI”) to the Secretary of Health and Human Services in accordance with the Breach Notification Rule of the...more

Best Practices For Implementing Internal Security Controls

Many security risks can be avoided or mitigated by implementing sufficient internal security controls which are tailored to the organization’s size, needs, and specific industry. The Federal Trade Commission (“FTC”) sets...more

Negotiating Software Agreements – Key Terms For Electronic Health Records

Healthcare providers (Providers) rely on third party vendors for providing Electronic Health Record (EHR) software services. Due to the amount of protected health information Providers store in these software services, and...more

Medical Software Company Wins $940 Million in Trade Secret Case

A jury recently awarded Epic Systems Corporation (“Epic”), a medical software company, $940 million in damages in a case against Tata Consultancy Services Limited (“Tata”) involving theft of Epic’s trade secrets and...more

Intellectual Property Risks With School And Teacher Websites

Teachers and school districts continue to find new ways to use technology both in and out of the classroom. For example, it is becoming more and more common for teachers to launch their own classroom websites. ...more

USPTO To Suspend New Trademark Applications Containing Scandalous Or Disparaging Material

On March 10, 2016, The United States Patent and Trademark Office (“USPTO”) issued new examination guidance for trademark applications containing potentially immoral or scandalous matter, which is expressly prohibited by...more

Businesses Must Ensure Websites Comply With The Americans With Disabilities Act

Title III of the Americans with Disabilities Act of 1990 (the “ADA”) requires “places of accommodation” be accessible to the disabled. Although the ADA does not specifically address websites, courts have seen an increase in...more

8th Circuit Finds Copyright Act Preempts State Right Of Publicity Of Professional Athletes

In a recent case, Dryer v. Nat’l Football League, No. 14-3428, 2016 WL 761178 (8th Cir. Feb. 26, 2016), former National Football League (“NFL”) players (the “Players”) sued the NFL over the use of their name, image, voice,...more

Food And Drug Administration Issues Draft Guidance On Cybersecurity In Medical Devices

On January 22, 2016, the Food and Drug Administration (“FDA”) released draft guidance regarding postmarket management of cybersecurity risks in medial devices. This guidance comes over a year after the FDA issued similar...more

Office Of Inspector General Issues Policy Reminder On Information Blocking And The Federal Anti-Kickback Statue

The federal anti-kickback statute (42 USC § 1320a-7b(b), the “Statute”) prohibits individuals and entities from receiving or soliciting any remuneration for the referral of services reimbursable under any federal health care...more

School Districts to Undergo Cybersecurity Audit

Missouri Auditor Nicole Galloway recently announced plans to conduct cybersecurity audits of five school districts. Coinciding with National Cybersecurity Awareness Month, the audits are intended to reveal how school...more

Big Pharma Seeks Exemption From Patent Law

Implementation of the America Invents Act (“AIA”) has brought substantial changes to the patent law of the United States over the last several years. One of the most significant provisions of the AIA was the creation of inter...more

Legal Issues In Collaborations

Innovation depends on collaboration and leveraging the expertise of diverse individuals is instrumental to creating new technologies. While there are many benefits to collaborations, significant legal issues can arise such as...more

Supreme Court Holds That Whether or Not Trademarks May Be Tacked in Determining Priority is a Question for the Jury

In a recent case, Hana Financial Inc. v. Hana Bank et al., the Supreme Court of the United States was presented with the question of whether a judge or a jury should determine if tacking was available in a particular...more

Supreme Court Clarified Standard of Review for Patent Claim Construction – Subsidiary Factual Findings are to be Reviewed for...

In a recent case, Teva Pharmaceuticals USA, Inc. Et Al. V. Sandoz, Inc. Et Al., the Supreme Court of the United States clarified that subsidiary issues of fact determined by a District Court during patent claim construction...more

Practice Tips For Determining Likelihood of Confusion – Factors to Consider When Assigning Similarity of Trademarks

When reviewing any new trademark application, one of the first issues an Examiner will address is whether or not there is a “likelihood of confusion” between the new mark and any other mark that is already registered with the...more

Recent Case Highlights Best Practices for Website Terms and Conditions

The United States Court of Appeals for the Ninth Circuit recently decided the case of Kevin Khoa Nguyen v. Barnes & Noble, Inc., No. 12-56628 (9th Cir. 2014). This case highlights the importance of making website Terms of Use...more

Enforceability of Confidentiality Agreements – Confidential Information Must Be “Confidential”

For many companies, entering into confidentiality or non-disclosure agreements is common practice when sharing confidential or proprietary information with third parties. However, as the recent case nClosures, Inc. v. Block...more

How Health Care Providers Can Avoid Common Intellectual Property Mistakes

Intellectual property can be some of the most valuable assets any business, including a health care provider (“Provider”) has. Adequately protecting this intellectual property can increase the value of the Provider’s business...more

Trouble for Software & Business Method Patents – Federal Circuit Invalidates Patent Claims Using Alice Framework

BUYSAFE, INC. V. GOOGLE, INC. To secure a patent in the United States, an invention must meet a number of requirements. In addition to being novel, useful, and non-obvious (35 U.S.C. §102 and §103), an invention must...more

How the America Invents Act Has Changed the “One-Year Grace Period” for Filing Patent Applications

The United States patent system underwent a major overhaul last March with the implementation of key provisions of the America Invents Act (“AIA”). The AIA is considered the most substantial change in patent law since 1952...more

United States Supreme Court Clarifies What Plaintiffs Have Standing to Sue for False Advertisement Under the Lanham Act – Lexmark...

In a March 25, 2014 decision, the United States Supreme Court clarified what class of plaintiffs have standing to sue for false advertisement under the Lanham Act (codified at 15 U.S.C. §1125(a)). Lexmark sells the...more

These Countries Lead in Patent and Trademark Application Filings

The World Intellectual Property Organization (WIPO) has released some interesting statistics on international patent and trademark filings in 2013. The United States, Japan and China lead in the number of international...more

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