This Month in Intellectual Property: April 2021

Leslie A. Demers Anthony J. Dreyer

On April 27, 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, intellectual property litigation partner Anthony Dreyer discussed how the Supreme Court’s ruling of “fair use” regarding Android’s Java code shook up copyright law in the technology industry and the Second Circuit decision that a series of paintings by Andy Warhol infringed copyright, restricting the reach of transformative use defenses. Associate Leslie Demers covered patents, including the Federal Circuit invalidation of functional claims due to lack of enablement, which raises the bar for enabling disclosures, and the Federal Circuit's reminder on the type of evidence required to secure a summary judgment victory. Regarding trade secrets, Ms. Demers also discussed noncompete provisions, as the District of Columbia enacts a broad ban on them and President Joe Biden signals a possible federal ban. Associate Shelli Gimelstein examined Spotify’s win of attorney fees and costs in an “extraordinary” trademark suit, underscoring trends in Lanham Act fee awards.

Review a summary of last month’s webcast.