Articles and Briefings

Results of USPTO Post-Prosecution Pilot Look Promising

Dec 04 2019

Through the Enhanced Patent Quality Initiative, the U.S. Patent and Trademark Office is rolling out programs to enhance overall patent quality. The latest program rolled out was the Post-Prosecution Pilot (P3) Program, which was developed to enhance after-final practice.

Building a Robust Innovation Economy: How Betting on Higher Education and Fostering an Entrepreneurial Ecosystem Helped Northern Virginia Land Amazon HQ2

Nov 25 2019

On November 13, 2018, Amazon announced that its HQ2 project—contributing an estimated 25,000 high-paying jobs and $2.5 billion investment—to be located in the Crystal City area of Arlington, Va. The announcement by the e-commerce giant ended months of fierce competition, and was cause for celebration throughout the Northern Virginia and the DC metro area.

You’ve Got a Friend in High Places: The Power of Sponsorship for Women

Nov 19 2019

Although women in the legal profession are now advancing in greater numbers to partnership in law firms and upper level positions in corporate legal departments, getting there and continuing to advance remain daunting tasks.

Eight Things Your Social Media Influencer Agreement Should Accomplish

Nov 14 2019

As marketing trends evolve and social media continues to gain ground as an indispensable channel of advertising, businesses must adapt and recalibrate their marketing strategies accordingly. However, one tactic that is becoming more common – retaining social medial “influencers” to post content promoting your product or services – can present a minefield of legal considerations.

2019 – 2020 Political Issue Advertising: The Blessing and the Curse!

Nov 08 2019

With the 2020 election less than a year away, the FCC rules on issue advertising and online public file reporting just got more complicated.

When is a Deal a Deal? Texas Supreme Court Weighs in on Two Landmark Oil & Gas Cases

Nov 07 2019

Business contracts are often compared to marriages, and for good reason. Both imply a deep level of mutual commitment to the relationship. But at what point in the relationship do businesses say “I do,” and at what point may one of the businesses walk away from the relationship with no obligation to the other company?

Common Misconception of Ownership under the Work for Hire Doctrine

Nov 06 2019

The issue of ownership rights to copyrighted materials, especially when created by independent software developers, is an issue that may be interpreted differently by the Federal Circuit courts. Therefore, it may be time for Congress to clarify this issue by amending the work for hire doctrine as defined in the U.S. Copyright Act.

Federal Circuit Says PTAB APJ Appointments Were Unconstitutional – Now What?

Nov 01 2019

Yesterday, a 3-judge panel of the Federal Circuit (Judges Moore, Reyna, and Chen) issued a unanimous decision holding that the USPTO’s appointment practice for Administrative Patent Judges (APJs) violates the U.S. Constitution’s Appointments Clause.

Healthy Workplace Discussions About Diversity, Part 3 – Acknowledging and Addressing Unconscious Bias

Oct 29 2019

Healthy workplace discussions ought to start by assuring our colleagues that acknowledging unconscious bias is not the same thing as accusing any individual of moral failure .

Brexit: A pre-Christmas election?

Oct 23 2019

On 22 October the government secured a majority of 30 to approve in principle the Withdrawal Agreement Bill (WAB). However, snatching defeat from the jaws of victory, the government's programme motion to push the Bill through all of its House of Commons stages by the end of 24 October was lost by 14 votes.

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