Defendants Caught Red-Handed in Patent Infringement Case Get Five Months of Damages Wiped Out for Patentee’s Failure to Mark Its Products
In early September of 2021, the Court of Appeals for the Federal Circuit clarified the notice requirement of 35 U.S.C. § 287. Patentee’s seeking to recover damages on unmarked goods must ensure their notice to a potential infringer is an actual notice of infringement and not merely notice of a patent.
Van Tatenhove Pauses Enforcement of Vaccine Mandate for Some Federal Contractors
On November 30, 2021, a federal judge for the United States District Court for the Eastern District of Kentucky issued an order granting a preliminary injunction curbing implementation and enforcement of President Joe Biden’s COVID-19 vaccine mandate for federal government contractors and subcontractors.
Sixth Circuit’s Briefing Schedule Seems to Ensure No Ruling on Stay Before First ETS Deadline
On November 16, 2021, the Sixth Circuit was chosen by lottery to hear the consolidated challenges to the Occupational Safety and Health Administration’s (“OSHA”) Emergency Temporary Standard (“ETS”) mandating COVID-19 vaccination or weekly testing for employers with 100 or more employees. On November 23, 2021, OSHA filed a motion for the Sixth Circuit to dissolve the stay that had been entered by the Fifth Circuit before the various challenges were consolidated. Later that same day, the Sixth Circuit entered an order setting a briefing schedule on the motion to dissolve the stay that seems to ensure that employers will not be subject to at least the first deadline originally set by the ETS.
USPTO Issues Final Rule for Implementation of the Trademark Modernization Act of 2020
The United States Patent and Trademark Office (USPTO) recently published a final rule implementing the Trademark Modernization Act of 2020 (TMA). The TMA amends the federal trademark statute (Lanham Act) in several ways, but the most significant aspect for the business community is the establishment of new ex parte expungement and reexamination proceedings for cancellation of a registration when the required use in commerce has not been made.
Supreme Court Provides Additional Guidance on Assignor Estoppel in Patent Litigation
Assignor estoppel is an equity-based doctrine that can be invoked during the course of patent litigation to prevent an assignor, after assigning their interests to a patent to another, from later asserting that the patent is actually invalid.
Biden Announces Plans to Mandate Vaccination for All Federal Workers and Contractors, Private Employers with 100+ Employees, and Health Care Workers at Medicare/Medicaid Facilities
President Biden has announced plans to reduce the number of unvaccinated Americans by using regulatory and other powers to increase the number of Americans covered by vaccination requirements as COVID-19 cases continue to climb.
NIL Update – Should Student Athletes Seek Professional Advice?
On July 1, 2021, several state laws allowing student athletes to profit from their name, image and likeness (“NIL”) went into effect. The NCAA also adopted an interim NIL policy allowing student athletes in any State to receive monetary compensation for their NIL.
Key Takeaways for Employers Under OSHA’s Updated COVID-19 Guidance as Delta Variant Spreads and Positive COVID Cases Increase
On August 13, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) updated its guidance for COVID-19 precautions in the workplace to match the CDC’s new guidance, issued on July 27, 2021.