Patents The Future of Enablement for Antibody Genus Claims Bruce Wexler, Christopher Hill, and Elizabeth Bernard Amgen v. Sanofi presents an important issue regarding the extent to which a patent claim encompassing a genus of antibodies can withstand a 35 U.S.C. § 112 enablement challenge.
Civil Rights & Constitution The Music of Mass Incarceration Andrea L. Dennis Rap music, the most popular musical genre in America, has played a vital role in documenting the root causes and detrimental effects of mass incarceration.
Internet Right to Not Be Forgotten (Sometimes): Celebrity Privacy Rights in a Data-Driven World Franklin Graves and Germaine Gabriel Personal data remains an integral part of the entertainment, media, and sports industries, but new privacy laws around the world could threaten industry standards for the collection, publication, and use of such data.
Entertainment & Sports Student-Athlete Brands in the Age of Name, Image, and Likeness Jeremy M. Evans Learn about the strength of trademarking and protecting athlete intellectual property for branding and monetization during the name, image, and likeness age of college athletics.
Patents Compulsory Patent Licensing in the Time of COVID-19: Views from the United States, Canada, and Europe Abbas Kassam, Matt Norwood, Ute Pfaller, Charles F. Hauff Jr., and Jeffrey D. Morton Review the current state of compulsory patent licensing in three key patent jurisdictions that are significantly involved in the development of COVID-19 vaccines.
Patents Life Sciences at the ITC: Predictions and Considerations for Biosimilar Litigation Hassen A. Sayeed and Patrick Nack-Lehman The ITC may become a more popular alternative forum for life sciences disputes. Explore using that forum to litigate biologics, Hatch-Waxman, and trade secret cases.
Trademarks Bolstering Confidence or Burdening Parties? The U.S. Counsel Rule Amanda Marston and Hope Hamilton Examine the impetus and impact of the U.S. counsel requirement introduced by the USPTO to battle fraud and bolster confidence in the U.S. trademark registration system.
Patents The “Essence” of an Invention Is as Important as the Claims Jerry A. Riedinger The Federal Circuit and U.S. Supreme Court have frequently used the “essence” or “heart” of an invention; evaluating those concepts is as important as evaluating a patent’s claims.
Patents Top 10 IPR Pitfalls at the Institution Stage Aziz Burgy and Michelle Divelbiss Inter partes review (IPR) has become a popular alternative to district court litigation, but the institution stage presents pitfalls that can quickly doom an IPR petition.
Copyright An Interview with Regan Smith, General Counsel of the U.S. Copyright Office Cassidy J. Grunninger The Copyright Office GC discusses the § 512 study, the Music Modernization Act, and recent copyright cases, and shares advice for students or young lawyers interested in copyright law.
Entertainment & Sports Anything for Selenas? A Right of Publicity Case Study Lizbeth Lopez and Scott J. Sholder Examine the legal intricacies in California right of publicity lawsuits through the lens of a dispute between a small Latinx-owned business and Selena Quintanilla’s father.
Intellectual Property Decisions in Brief John C. Gatz Brief synopses of recent decisions involving copyrights, patents, trade secrets, and trademarks.