Europe Continues Progress Toward Unitary Patent and Unified Patent Court
For decades, inventors have been able to file a single patent application in the European Patent Office (“EPO”) in order to pursue protection across multiple countries in Europe. However, at the end of the examination process, a patent application granted by the EPO still must be validated in each of the countries in which a patent owner wishes to secure enforceable patent rights.
Is Your Arbitration Agreement Unconscionable?
Kentucky courts continue to closely scrutinize consumer contracts, particularly those involving arbitration provisions. In light of recent federal and state court decisions, however, the framework for analyzing the enforceability of arbitration agreements has shifted. Courts can no longer target arbitration provisions for disfavored treatment on grounds not applied to other contractual terms.
Decoding the Crypto Brand Super Bowl Commercials
Based on commercials that aired during Super Bowl LVI, crypto brands have officially moved from the fringes to the mainstream. But the crypto ads in this prime time space didn’t do much to explain the underlying products and services, especially if the viewers were not already immersed in Web3.
Recent Patent Program Updates by the United States Patent and Trademark Office
USPTO Launches New Pilot Program to Improve Efficiency of Utility Patent Application Examination. In response to concerns expressed by way of a letter sent from Senators Thom Tillis (R-NC) and Tom Cotton (R-AR), the United States Patent and Trademark Office (“USPTO”) has launched a “Deferred Subject Matter Eligibility Response (DSMER) Pilot Program” for non-provisional patent applications.
Supreme Court Rejects OSHA Vaccine Mandate on Private Employers – Allows CMS Healthcare Mandate for Facilities Receiving Medicare/Medicaid Funds
Holding that “[a]lthough Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given the agency the power to regulate public health more broadly,” in a 6-3 decision the Supreme Court of the United States, on January 13, 2022, issued a stay of OSHA’s Emergency Temporary Standard (“ETS”) on vaccination or testing for employers with 100 or more workers.
Here, There, Everywhere! Top 10 Employment and Tax Considerations When Employees Work Remotely
Employment attorney Shannon Antle Hamilton, and Erica Horn, Associate Tax Director at Dean Dorton, discuss the state tax and employment law implications of remote work.
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.