(Podcast) The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
PODCAST: Williams Mullen's Trending Now: An IP Podcast - NCAA Name, Image, Likeness (NIL) Update – Effects of House Settlement
Business Better Podcast Episode: Bridging Campuses: Legal Insights on Education Industry Consolidation - Intellectual Property
The Briefing: Everyone Loves the HBO Series 'White Lotus,' Except Duke University
(Podcast) The Briefing: Everyone Loves the HBO Series 'White Lotus,' Except Duke University
Business Better Podcast Episode: Bridging Campuses: Legal Insights on Education Industry Consolidation - Public Finance
Executive Actions Impact Federally Funded Research: What Institutions Should Do Now – Diagnosing Health Care Video Podcast
Business Better Podcast Episode: Bridging Campuses: Legal Insights on Education Industry Consolidation - Real Estate and Tax
Business Better Podcast Episode: Bridging Campuses: Legal Insights on Education Industry Consolidation – Mergers, Acquisitions, and Antitrust
Business Better Podcast Episode - An Introduction to Bridging Campuses: Legal Insights on Education Industry Consolidation
PODCAST: Williams Mullen's Gavels & Gowns - Enforcement on Campus: The Impact of New Immigration Priorities on Academia
House Settlement Approval — Highway to NIL Podcast
TortsCenter Podcast | Episode 6 | Fielding the Future: Title IX and NIL
NCAA Settlement Update — Highway to NIL Podcast
Title IX — Highway to NIL Podcast
Are Colleges Prepared to Classify Student-Athletes as Employees?
Serving the Diverse Needs of Children through Education Law: On Record PR
Labor Law Insider—Dartmouth Basketball Team Unionizes: The NLRB Sets a Pick for Unions
The NCAA's Response to the NIL Recruitment Injunction — Highway to NIL Podcast
Biosimilar Litigations include litigations relating to biosimilar/follow-on products of CDER-listed reference products. Litigations between biosimilar applicants/manufacturers and reference product sponsors as well as...more
On August 2, 2021, in Omni MedSci, Inc. v. Apple Inc., No. 20-1715, slip op. (Fed. Cir. Aug. 2, 2021), a Federal Circuit panel decision, with a dissent, upheld the district court’s denial of Apple Inc.’s (“Apple”) motion to...more
This 27th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us start with a discussion of a trend toward class actions, with later discussions on two key areas -- insurance coverage disputes and...more
Companies seeking to license patents from state universities face a special risk--sovereign immunity. The 11th Amendment to the US Constitution deprives federal courts of jurisdiction to hear complaints brought by a citizen...more
Colleges and universities may be leaving money on the table with under-utilized patent portfolios. The time is right, as the law has shifted in favor of patent owners, both in inter partes review litigation before the Patent...more
The US Court of Appeals for the Federal Circuit rejected the arguments of a state university in support of sovereign immunity and affirmed the district court’s decision to transfer the case to the District of Delaware. Board...more
With a constantly evolving legal landscape, colleges, universities and independent schools encounter a vast spectrum of new topics on any given day. Pepper Hamilton's Higher Education Practice Group has created its "In Brief"...more
State Sovereignty Principles Do Not Allow a State to Bring a Patent Infringement Suit in an Improper Venue - In Board of Regents v. Boston Scientific Corp., Appeal No. 2018-1700, the Federal Circuit ruled that the patent...more
Mere Potential for Future Appeal Does Not Prevent Triggering Estoppel of Inter Partes Reexamination When Party Fails to Seek Relief in the First Instance - In Virnetx Inc. v. Apple Inc., Appeal Nos. 2017-1591, -1592,...more
The Federal Circuit recently ruled that state sovereign immunity does not apply in Inter Partes Review (IPR) proceedings, closing another America Invents Act (AIA) loophole. The case, Regents of the University of Minnesota v....more
States and their agencies, particularly state universities, are often parties to patent infringement litigation in federal courts. An increasingly common defense to infringement allegations is to ask the Patent Office to...more
Federal Circuit Determines Time-Barred Petitioner Joined to an IPR Has Appellate Standing - In Mylan Pharmaceuticals Inc. v. Research Corporation Tech., Appeal Nos. 2017-2088, -2089, -2091, the Federal Circuit held that a...more
On December 19, 2017, a seven-judge expanded PTAB panel ruled that the University of Minnesota (UM) waived its Eleventh Amendment immunity defense when it filed a patent infringement action in federal district court. ...more
The PTAB (Patent Trial and Appeal Board) of the USPTO recently issued a decision that a filing of a patent infringement action by a public university waives sovereign immunity to inter partes review (IPR) proceedings in the...more
Patent Trial and Appeal Board Chief Judge David Ruschke recently dealt sovereign immunity a crippling blow. Although Judge Ruschke confirmed that Eleventh Amendment immunity does apply to sovereign actors, he held that when a...more
In a pair of near identical decisions issued on December 19, 2017, an expanded PTAB panel found that the Regents of the University of Minnesota had waived its defense of sovereign immunity by filing actions against the...more
On December 19, 2017, an expanded panel of the Patent Trial and Appeal Board (PTAB) ruled that the state of Minnesota waived its Eleventh Amendment immunity to challenges to patent validity by inter partes review (IPR) by...more
Yesterday, in Ericsson Inc. v. Regents of the University of Minnesota, an expanded 7-judge PTAB panel ruled that a patent owner waives a claim to sovereign immunity in an IPR “by filing an action in federal court alleging...more
Universities have traditionally been reluctant to enforce their intellectual property (IP) against third parties. There are many reasons for this position, including adverse publicity associated with such suits, the time...more
Patent Judgments & Awards - Wisconsin Alumni Research Found. V. Apple, Inc., No. 14-CV-062-WMC (W.D. Wisc.) On July 25, 2017, a federal court in Wisconsin ordered Apple to pay a whopping $506 million for infringement of...more
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
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
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
Licensees Covidien LP, Medtronic PLC, and Medtronic, Inc., failed to obtain any relief, at least so far, in federal court or at the Patent Trial and Appeal Board (PTAB) because of parallel holdings that patent owner...more
Last week, the Patent Trial and Appeal Board (PTAB) dismissed petitions for inter partes review (IPR) of a patent assigned to the University of Florida Research Foundation (UFRF) based on sovereign immunity, Covidien LP v....more