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State Universities

ArentFox Schiff

“THE” Trademark of the Year? Ohio State University Trademarks THE

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The Ohio State University has successfully obtained a trademark registration for the word “THE,” which has been the university’s moniker and rallying cry at sporting events for decades. The trademark registration covers...more

Jackson Lewis P.C.

New Ohio Law Restricts Ability Of Public Schools, Colleges To Mandate COVID-19 Vaccinations

Jackson Lewis P.C. on

Public schools and universities are barred from requiring vaccines that have not received full U.S. Food and Drug Administration (FDA) approval under Ohio House Bill 244 (HB 244), signed by Governor Mike DeWine on July 14,...more

Troutman Pepper

Federal Circuit Review - Issue 273

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273-1 Federal Circuit Holds University of Texas is Immune from Involuntary Joiner, Holds Case against Potential Infringer may Proceed in School’s Absence - The Federal Circuit recently affirmed-in-part, reversed-in-part,...more

Mintz - Intellectual Property Viewpoints

Fractured Federal Circuit Panel Finds That Sovereign Immunity Does Not Prevent Exclusive Licensee from Pursuing Unlicensed...

Entities with patent-related relationships with state universities scored a victory under the rarely implicated (at least for patent practitioners) doctrine of sovereign immunity. For patent holders, sovereign immunity comes...more

McDonnell Boehnen Hulbert & Berghoff LLP

Gensetix, Inc. v. Board of Regents of the University of Texas System (Fed. Cir. 2020)

In a conundrum worthy of a law school civil procedure examination, plaintiff Gensetix found itself apparently with no remedy for infringement by Baylor College of Medicine, Diakonos Research Ltd., and William Decker of...more

International Lawyers Network

Queen Anne’s Revenge, Indeed!: Copyright Conundrums, Sovereign States, and IP Piracy

We live in a time of contradictions and confusion, and today we aim to explore how some such tensions have manifested themselves in the area of intellectual property law. On the one hand, we have a national and...more

FordHarrison

New York State Reopening Guidelines Require Higher Education Institutions to Develop Reopening Safety Plans

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As regions across New York State prepare to enter Phase Four of reopening, the New York State Department of Health (“NYDOH”) has released its “Interim Guidance for Higher Education During the COVID-19 Public Health...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions: Regents of the Univ. of Minn. v. LSI Corp., 926 F.3d 1327...

LSI and Ericsson petitioned for inter partes review (IPR) of several patents owned by the University of Minnesota (UMN). UMN moved to dismiss each IPR based on state sovereign immunity. The Patent Trial and Appeal Board...more

Health Care Compliance Association (HCCA)

Report on Research Compliance Volume 17, Number 2. January 2020: In This Month’s E-News: February 2020

Report on Research Compliance 17, no. 2 (January 23, 2020) - - More than two years after Ozgur Tataroglu’s paper was retracted, the HHS Office of Research Integrity found that it and two grant applications contained...more

Jaburg Wilk

Can Out-of-State Students Qualify for In-State Tuition at Arizona Public Universities?

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The Arizona Board of Regents governs Arizona’s public university system, overseeing Arizona State University, Northern University of Arizona and the University of Arizona. The Board is required by law to establish uniform...more

International Lawyers Network

Stop the Insanity! Sports Trademarks Run Amok

Sports and sports teams have a long history with intellectual property law and, more specifically, trademarks.  Sports teams, colleges, and universities have long trademarked their names and logos, and have routinely and...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - August 2019: Well Played - Why The Ohio State University's Trademark Strategy Isn't So Crazy After All

Legal, sport, and popular press let out a collective chortle upon learning that The Ohio State University had filed a federal trademark application for the mark THE. Some debated whether the University would be successful in...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - August 2019

The August 2019 issue of Sterne Kessler's MarkIt to Market® newsletter discusses The Ohio State University's trademark application for the mark "THE" and the current gTLD sunrise period. In this issue: - Well Played -...more

Sunstein LLP

State Universities Are Not Immune From Challenges to Their Patents at the USPTO

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Under constitutional principles of United States law, states generally enjoy sovereign immunity. This immunity, enshrined in the 11th amendment of the US Constitution, bars private parties from bringing lawsuits against the...more

Knobbe Martens

Federal Circuit Review - June 2019

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One-year Clock for Filing IPR Petition Applies to Litigants and Parties that Become Privies of the Litigant Prior to Institution. In Power Integrations, Inc v. Semiconductor Components, Appeal No. 2018-1607, the Federal...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - June 2019: States Must Face IPR Challenges Similar to Tribes

In Regents of the Univ. of Minn. v. LSI Corporation, Fed. Cir., No. 18-01559, the Federal Circuit extended the inability to stand behind 11th Amendment Sovereign Immunity to patents owned by individual states, such that they...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/OSHA Enforcement: Missouri Contractors Cited for Alleged Violations Related to Restoration of Kansas State University...

The Occupational Safety and Health Administration (“OSHA”) issued a May 15th news release stating that it cited two Missouri contractors for allegedly failing to comply with asbestos removal standards while performing...more

Knobbe Martens

Univ Of Fl. Res. Found., Inc. v. Gen. Elec. Co. Et Al.

Knobbe Martens on

Federal Circuit Summary - Before Prost, Moore, and Wallach. Appeal from the Northern District of Florida. Summary: When a state entity sues for patent infringement, it waives sovereign immunity as to all defenses,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Is University 403(b) plans the Dien Ben Phu of ERISA litigation?

Casino is an underrated movie and it had a great line on the poster that said: “no one stays on top forever.” It’s a great tagline and I find it to be true. Just look at the New York Yankees between 1965 and 1976. Dien Ben...more

McAfee & Taft

Oklahoma transgender employee seeks reinstatement

McAfee & Taft on

In November we alerted employers that an Oklahoma City federal court jury awarded Rachel Tudor, a transgender employee, $1.165 million in her discrimination, retaliation and hostile work environment lawsuit against...more

Knobbe Martens

University of Minnesota’s and Toyota’s Claims Held Unpatentable after Minnesota is Dismissed from IPR

Knobbe Martens on

The University of Minnesota (UMinn) and Toyota Motor Corp. (Toyota) co-own U.S. Patent 8,394,618 (the ’618 patent). After Reactive Surfaces Ltd. filed a petition for IPR of the ’618 patent, UMinn and Toyota filed a motion to...more

Knobbe Martens

Sovereign Immunity at the PTAB: Where do we stand?

Knobbe Martens on

Sovereign Immunity - Sovereign immunity exempts a sovereign from the jurisdiction of a court - States are entitled to sovereign immunity under the 11th amendment Seminole Tribe of Fla v. Florida, 517 U.S. 44 (1996) ...more

Knobbe Martens

Toyota Requests Adverse Judgment After University of Minnesota is Dismissed from IPR on the Basis of Sovereign Immunity

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A closely watched case on sovereign immunity, Reactive Surfaces Ltd., LLP, v. Toyota Motor Corp., IPR2017-00572, has now been terminated by the patent owner’s request for adverse judgment....more

Knobbe Martens

Sovereign Immunity and Inter Partes Review

Knobbe Martens on

Sovereign immunity refers to the doctrine that the government cannot be sued without its consent. Specifically, the 11th Amendment precludes federal courts from exercising jurisdiction over states in suits brought by private...more

Knobbe Martens

The PTAB Grants the University of Minnesota Sovereign Immunity but does not Terminate IPR

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The PTAB has again addressed sovereign immunity in the context of an IPR. Reactive Surfaces, LTD. petitioned for IPR of U.S. Patents No. 8,394,618 and 8,252,571. The ’618 and ’571 patents are co-owned by Toyota Motor...more

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