Program Sponsors: NYCLA’s Federal Courts Committee and Entertainment. Media, Intellectual Property & Sports Section
Program Chair and Moderator: Marilyn Neiman; Cozen O'Connor
Learn from a panel of experts about hot issues in Intellectual Property Federal Court litigation, with an emphasis on patent, trademark and copyright cases on the Supreme Court's October 2018 docket.
Faculty: Caren Lerner Decter, Frankfurt Kurnit Klein & Selz PC; Keith J. McWha, Lerner David; Fara Sunderji, Dorsey & Whitney LLP
Some of the cases and issues that will be discussed include
Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. – at issue, whether an inventor’s sale of an invention to a third party that is obligated to keep the invention confidential qualifies as prior art under the America Invents Act
Return Mail Inc. v. U.S. Postal Service – at issue, whether the government is a “person” who may petition to institute review proceedings under the America Invents Act.
Fourth Estate Public Benefit Corp. v. Wall-Street.com – at issue, whether registration of a copyright claim is made when the copyright holder delivers the required application, deposit, and fee to the Copyright Office, as the Fifth and Ninth Circuits have held, or only after the Copyright Office acts on the application, as the Tenth Circuit and the Eleventh Circuit have held.
Rimini Street Inc. v. Oracle USA Inc. – at issue, whether the Copyright Act’s allowance of “full costs” to a prevailing party is limited to taxable costs under 28 U.S.C. §§ 1920 and 1821, as the Eighth and Eleventh Circuits have held, or also authorizes non-taxable costs, as the Ninth Circuit has held.
Mission Product Holdings Inc. v. Tempnology, LLC – at issue, whether under §365 of the Bankruptcy Code a debtor-licensor’s “rejection” of a license agreement during bankruptcy terminates the licensee’s right to use the mark, as the First Circuit has held, or is only a breach of the license, allowing the licensee to continue to perform, and use the licensed mark, under the license, as the Seventh Circuit has held.
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