This Month in Intellectual Property: January 2021

Anthony J. Dreyer Douglas R. Nemec Jordan Feirman

On January 26, Skadden presented the latest installment of “This Month in Intellectual Property,” a monthly webinar series created to keep IP practitioners and in-house counsel up to date on recent court decisions, legislative developments, key filings and emerging trends in IP. Covering all facets of IP, including trademarks, copyrights, patents, trade secrets and rights of publicity, the webinar series serves as a one-stop-shop for news that covers the entirety of this rapidly evolving industry.

This month’s webinar featured a discussion on copyrights and trademarks, including three IP statutes signed into law as part of the Consolidated Appropriations Act of 2021 and the Ninth Circuit’s decisions on fair use involving a “Star Trek”/Dr. Seuss “mash-up” book and its ruling affirming denial of trademark infringement claims under the Rogers v. Grimaldi test. The speakers also discussed patents, including the Supreme Court’s agreement to consider the fate of assignor estoppel, the Patent Trial and Appeal Board’s alignment of the indefiniteness standard with district courts, and a review of new legislation dictating changes to the Orange Book for approved drug patents. Additionally, the webinar covered recent cases in trade secrets that signal how — and when — to identify trade secrets, as well as the Ninth Circuit’s decision in Attia v. Google LLC allowing Defend Trade Secrets Act (DTSA) claims for pre-DTSA activity.

Skadden speakers included intellectual property litigation partners Anthony Dreyer and Douglas Nemec, and counsel Jordan Feirman.