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Education Intellectual Property Constitutional Law

Read need-to-know updates, commentary, and analysis on Education issues written by leading professionals.

Third Time’s the Charm – or Not

by McDermott Will & Emery on

The US Court of Appeals for the Eighth Circuit maintained its prior decision, holding that defendants violated the First Amendment when refusing to approve use of university trademarks on t-shirts incorporating a marijuana...more

Advertising Law - July 2017 #3

Twitter Working to Limit Fake Stories, Accounts - In an effort to combat fake accounts, false stories and other abuses, Twitter is considering the use of a new feature to let users flag Tweets that contain misleading,...more

Are State-Owned Patents Immune From IPRs Under The Eleventh Amendment?

by Foley & Lardner LLP on

In separate non-precedential decisions issued by three different panels, the PTAB has permitted state university patent owners to invoke the Eleventh Amendment in Inter Partes Review proceedings. Each panel found that IPR...more

Eleventh Amendment Revisited – Board Again Finds Sovereign Immunity Applies to PTAB

by Jones Day on

Less than four months after its decision in Covidien LP v. University of Florida Research Foundation Incorporated, finding that Eleventh Amendment sovereign immunity applies to PTAB proceedings, the Board has again dismissed...more

Ericsson Tests Scope of the PTAB’s Sovereign Immunity Holding

by Knobbe Martens on

On January 25, 2017, a panel of the Patent Trial and Appeal Board (PTAB) held that “Eleventh Amendment Immunity bars the institution of an inter partes review against an unconsenting state that has not waived sovereign...more

An Omitted Inventor Can’t Correct Inventorship of a Patent Owned by a Government Agency

In a non-precedential opinion in Ali v. Carnegie Institution of Washington, [2016-2320] (April 12, 2017), the Federal Circuit affirmed the dismissal, on grounds of sovereign immunity, of Ali’s lawsuit to be added as a...more

State Universities Rejoice: PTAB Recognizes Sovereign Immunity Defense

by Pepper Hamilton LLP on

In Covidien LP v. University of Florida Research Foundation Inc., the Patent Trial and Appeal Board (the “Board”) upheld a defense of sovereign immunity asserted by the University of Florida Research Foundation (the...more

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

by Foley & Lardner LLP on

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

Hidden Risks? What Liability Can Private Colleges and Universities Have for Their Student Newspapers and Publications?

by Saul Ewing LLP on

It is well-settled that public institutions are generally not liable for statements made by their student publications because the First Amendment prohibits them from exercising control over such publications. See, e.g.,...more

Make Sure You Own the Patent You Think You Do.

by Robins Kaplan LLP on

The biotechnology industry has a long history of successfully licensing and litigating university technology. That trend looks to be continuing, even as other industries have taken aim at limiting patent enforcement. Ten U.S....more

Copyright Law Protects Course Syllabi From Disclosure Under Missouri Sunshine Law

Last month, the Missouri Court of Appeals, Western District, held that a public university was not required to turn over copies of certain course materials, including course syllabi, in response to a public records request....more

Is There Supreme Court Exclusive Jurisdiction Over Patent Inventorship Disputes Between State Universities? Federal Circuit Says...

by Foley & Lardner LLP on

In University Of Utah V. Max-Planck-Gesellschaft, the Federal Circuit was faced with deciding whether a patent inventorship dispute between two different state universities is a “dispute between two states” that falls under...more

Federal Circuit Rules that Patent Dispute Between Two State Universities Is Not a Suit Between States Within the Supreme Court’s...

by Nancie G. Marzulla on

In the recent case of University of Utah v. Max-Planck-Gesellschaft, the U.S. Court of Appeals for the Federal Circuit held that a dispute over inventorship between to state universities is not a “conflict between states”...more

Another Possible Battleground for Defending University Intellectual Property - Inter Partes Review

by Ballard Spahr LLP on

Over the last several months, universities and technology transfer programs have increasingly become the target of petitions for Inter Partes Review (IPR) filings. Effective September 16, 2012, IPR proceedings allow parties...more

Georgia State University Copyright Update: Publishers Appeal to 11th Circuit

Approximately a year ago, Judge Orinda Evans of the Federal District Court for Northern Georgia held that the electronic reserves practices of the library at Georgia State University (“GSU”) were, for the most part, fair use...more

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