Intellectual Property Education

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The Supreme Court - March, 2017 #3

The Supreme Court of the United States issued decisions in three cases today: Czyzewski v. Jevic Holding Corp., No. 15-649: Respondent Jevic Transportation filed for Chapter 11 bankruptcy. This spawned two lawsuits. ...more

FedEx Can Keep On Copying for Creative Commons Licensee

Fed Ex Office and Print Services recently scored a victory in Great Minds v. FedEx Office and Print Services, Inc., securing dismissal of a copyright infringement action based on the copying of educational materials for...more

University patents now immune to inter partes review: Will business come calling?

State colleges and universities recently received a potential increase in the value of their patent portfolios in the form of a ruling from the Patent Trial and Appeal Board (PTAB). ...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

Supreme Court Update: Life Technologies Corp. V. Promega Corp. (14-1538), Fry V. Napoleon Community Schools (15-497), Buck V....

Greetings, Court Fans! Last time we hit your inboxes, Barack Obama was President. To call the ensuing month eventful is something of an understatement. We've seen a primetime Supreme Court nomination, a flood of...more

PTAB Finds Sovereign Immunity Applies to IPRs for State Universities

The Patent Trial and Appeal Board (PTAB) dismissed three inter partes review (IPR) proceedings involving the University of Florida based on sovereign immunity. As background, the University of Florida Research Foundation...more

PTAB Ruling on CRISPR: No Interference

On Wednesday, February 15, 2017, the Patent Trial and Appeal Board (“PTAB”) ruled in favor of the Broad Institute of MIT and Harvard in a closely watched patent fight with UC Berkeley over the breakthrough CRISPR...more

State Universities Gain Immunity from IPRs

State Universities Gain Immunity from IPRs - Today, many universities own extensive patent portfolios that are managed by sophisticated tech transfer offices. Universities obtain these patents for many reasons, not the...more

State Universities Rejoice: PTAB Recognizes Sovereign Immunity Defense

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

Saudi Arabia Launches First Education PPP Programme

The latest aspect of Saudi Arabia’s wide-ranging Vision 2030 economic reform initiative has taken a step closer with Tatweer Buildings Company’s (TBC’s) plans to establish the first education public private partnership (PPP)...more

PTAB Dismisses Three IPR Petitions Based on Sovereign Immunity

Covidien LP had a license to U.S. Patent 7,062,251, owned by the University of Florida Research Foundation (UFRF, Patent Owner). UFRF alleged breach of contract by Covidien, and sued Covidien in Florida state court for...more

NHL’s Vegas Golden Knights’ Trademark Application Refused Due To Likelihood of Confusion with the College of Saint Rose Golden...

In June 2016, the National Hockey League (NHL) announced that Las Vegas would be awarded an NHL franchise team, the first major professional sports team in the city and the first new expansion team for the NHL in over fifteen...more

A Report on The World’s Most Innovative Universities Affirms Strengths of Massachusetts Universities and Others Around the World

As the recent U.S. Commerce Department survey affirmed (and discussed in our blog previously), intellectual property (IP) is a significant driver for our economy. Since universities are both key sources of IP and training...more

Likelihood of “Initial Interest” Confusion Powers The University of Houston to Preliminary Injunction Win in Law School Name...

On June 22, 2016, the South Texas College of Law announced that it was changing its name to Houston College of Law. This seems like a natural choice, as the school is based in Houston and is a stand-alone institution not...more

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

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