Education Intellectual Property

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It’s All Academic – Higher Education Trademark Disputes Offer Practical Lessons

Sayre’s Law teaches that academic disputes are so bitter because the stakes are so low. But 2016 has seen a minor spike in real trademark disputes between institutions of higher education. Most recently, the University...more

Houston (College of Law) Has a Problem

A trademark problem, that is, as reported by the Texas Tribune on Friday of last week. Lest you be fooled by the above reference to Houston College of Law being established in 1923, the name has only been around since...more

Sovereign Immunity of State Universities: Can It Shield Them from AIA Patent Challenges?

In what appears to be a case of first impression, the PTAB is poised to rule on the question of whether state sovereign immunity prevents an IPR challenge from being maintained against a University of Florida (“UF”) patent...more

Supreme Court Update: Order List (9/26/16)

Greetings, Court fans! It's (still) the first Monday in October, which means the Supreme Court (and the Update) are back in action. Actually, The Eight dug in a bit last week, issuing cert grants from their September...more

Intellectual Property and You: The University Edition

It may be July, but school is still in session. In this blog, I'll discuss another common but mysterious topic: intellectual property ownership, specifically in the university setting. Universities sponsor research, encourage...more

2016 Florida Legislative Post-Session Report

Carlton Fields’s Government Law and Consulting Practice Group released its 2016 Florida Legislative Post-Session Report detailing significant bills that passed during the 2016 Regular Session of the Florida...more

[Webinar] Best Practices for Licensing in Today's Evolving Legal Framework - June 16th, 1:00pm CST

The Supreme Court of the United States recently held that royalty payments beyond the expiration of a patent are per se unlawful. However, many ground-breaking technologies being developed and licensed from the nation's...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

CRISPR Interference Motions Set

The Patent Trial and Appeal Board has made its decision regarding the motions each party will be able to bring in Interference No. 108,048 between the Broad Institute and the University of California ("University") over...more

Chapter 93A's Increasing Role in IP Litigation in Massachusetts

Chapter 93A, with its low and vague standards of liability and powerful remedies of multiple damages and attorneys, is playing an increasingly central role in intellectual property disputes in Massachusetts. Please see...more

O’Bannon Plaintiffs Seek U.S. Supreme Court Review

On March 15, 2016, plaintiffs in the O’Bannon case sought U.S. Supreme Court review of the United States Court of Appeals for the Ninth Circuit’s decision issued in September 2015. In that decision, the Ninth Circuit sided...more

Federal Circuit Holds (Some) Patent Agent-Client Communications Are Privileged

The United States Court of Appeals for the Federal Circuit held this week in In re Queen’s University that some communications between patent applicants and non-attorney patent agents are legally privileged, recognizing, for...more

Léone Meyer and University of Oklahoma Settle Nazi-looted Pissarro Dispute

In December it was announced that the University of Oklahoma and Leone Meyer had reached a tentative settlement in the litigation over Meyer’s claims to La Begère by Camille Pissarro, a painting stolen from her father Raoul...more

Kirtsaeng Looks to Take Second Bite Out of the Supreme Court Apple

Supap Kirtsaeng (“Kirtsaeng”) already has one precedential U.S. Supreme Court case under his belt, and on Friday, January 15, 2016, the Supreme Court decided to give him a chance at a second when it granted certiorari of...more

Ninth Circuit Denies Request For Rehearing In O’Bannon

Last week, a three-judge panel for the United States Court of Appeals for the Ninth Circuit voted 2-1 to deny the O’Bannon plaintiffs’ petition for a rehearing en banc of the Ninth Circuit’s September 30, 2015 decision on the...more

O’Bannon And Alternative Forms Of Injunctive Relief

In O'Bannon v. NCAA, the Ninth Circuit held that NCAA regulations barring compensation to student-athletes are subject to antitrust scrutiny under the Sherman Act’s rule-of-reason analysis. The court upheld the district...more

A Snapshot of University Patent Litigation

As patent litigation overall has grown rapidly since 2010, the industry has also seen a shift in some traditionally litigation averse players. University tech transfer organizations in particular have increased their filings...more

DOE Seeks Comment on Proposed New Copyright Policy for Grantees

On November 3, 2015, the U.S. Department of Education published a Notice of Proposed Rulemaking (NPRM), which – if adopted – would require grantees of the Department’s “competitive discretionary grant programs” to provide an...more

DMCA Loosening the Reins for Education

You may know the Digital Millennium Copyright Act (“DMCA”) from the widely deployed DMCA take-down notices that copyright owners use to remove putatively infringing content from the Internet. Enacted in 1998, the DMCA is...more

Pigs Fly, Hell Has Frozen Over, and the New York Times Supports Small Inventor and University Patenting

Admittedly, only on its Op-Ed page. But last Saturday Joe Nocera wrote a remarkably sane and reasoned column, entitled "The Patent Troll Smokescreen," pointing out that "big companies with large lobbying budgets" are using...more

No Cash Compensation for Class of Amateur Student Athletes

In a class action brought under the Sherman Antitrust Act, the Ninth Circuit Court of Appeals held that the NCAA eligibility regulations are subject to antitrust scrutiny. Applying the so-called Rule of Reason, the court held...more

NCAA Dodges Judicial Bullet in Federal Case Challenging Amateurism Rules

As a lifelong Boise State University fan, and gamer who pre-ordered the EA Sports NCAA Football 2008 game (with Jared Zabransky on the cover), I was probably more excited than your average legal beagle to read last week’s...more

USPTO Pilot Program: Trademark Registrations May Now Be Broadened To Account For Evolving Technology

Trademark Office rules generally prohibit the broadening of goods and services identified in existing trademark registrations. But on September 1, the USPTO announced a new pilot program that will create a limited exception...more

Use of Competitors’ Trademarks as Google AdWords is not Infringement

The British Columbia Supreme Court has decided that the use of a competitor’s trademarks in Google AdWords does not constitute infringement. In Vancouver Community College v Vancouver Career College (Burnaby) Inc.,...more

Patent Trial & Appeal Board Finds Obscure Russian Doctoral Thesis Qualifies as Prior Art

The Patent Trial and Appeal Board (Board) recently provided important guidance for prior art “printed publications” asserted in invalidity challenges under the 2011 Leahy-Smith America Invents Act (AIA) concerning a doctoral...more

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