Civil Law

Korea Trademark Act Amendments

The Korean Intellectual Property Office has put out a useful guide to recent Korea Trademark Act amendments.  Below is a summary of amendments effective as of April 20, 2022:

Extension of Trial Request Period.  The time to request a trial against an amendment rejection or a final rejection has been extended from 30 days to three months.

Petition for Restoration of Trademarks.   The grounds to restore trademark rights that have been extinguished due to invalidity of trademark procedures … Read the rest

Civil Law

Senate Grows Impatient with PTAB

Tillis/Hirono Demand Answers on OpenSky

Barely on the job for a week, Director Vidal is already being politically pressured to address a festering issue of patent policy.   That issue—the use of a recycled IPR petition as a means to collaterally attack large damage verdicts— is a self-inflicted wound for the agency.  The OpenSky business model wouldn’t exist absent the ill conceived expansion of discretionary denial practices under former Director Iancu.

Senator Tillis (a vocal supporter of Director Iancu) sent a … Read the rest

Civil Law

CBP to Issue Warning Letters to Certain Importers in Advance of Uyghur Forced Labor Prevention Act Implementation

In December 2021, President Biden signed the Uyghur Forced Labor Prevention Act (“UFLPA”) into law. The UFLPA creates a rebuttable presumption that goods “mined, produced, or manufactured wholly or in part” in the Xinjiang Uyghur Autonomous Region (“XUAR”) of China, or by certain other entities in China, are made with forced labor and that such goods, wares, articles, and merchandise are not entitled to entry to the United States.[1] The presumption applies unless the Commissioner of … Read the rest

Civil Law

State AG Updates: March 31-April 6, 2022

Each week, Crowell & Moring’s State Attorneys General team highlights significant actions that State AGs have taken. Here are this week’s updates.

Multistate

  • A multistate coalition of 23 attorneys general led by New York Attorney General James and California Attorney General Bonta filed an amicus brief in the U.S. Court of Appeals for the Sixth Circuit in support of the Biden-Harris administration’s efforts to restore access to Title X federal funding for family planning services. The Biden-Harris administration is attempting to
… Read the rest
Civil Law

Employee Terminations: Breaking Up is Hard to Do

Firing an employee can be much like breaking up with a significant other– stressful, messy, and awkward. No one wants to be the “bad guy,” and oftentimes it feels kinder to sugarcoat the facts rather than telling an employee the real reason for termination. But those good intentions may land employers in hot water.

A recent case serves as a potent reminder that an employer should always give the real reason or reasons for termination. As a result of failing … Read the rest

Civil Law

FERC Approves Civil Penalties for Alleged Violations of CAISO and PJM Market Rules

On March 28, 2022 and March 29, 2022, FERC issued two orders approving stipulation and consent agreements between FERC’s Office of Enforcement and Dynergy Marketing and Trade, LLC (“Dynergy”) and Constellation NewEnergy Inc. (“Constellation”), respectively. Among other things, Dynergy agreed to pay a $ 450,000 civil penalty for alleged violations of PJM Interconnection LLC (“PJM”) capacity tariff requirements and Constellation agreed to pay a $ 2.4 million civil penalty for alleged violations of California Independent System Operator (“CAISO”) resource adequacy … Read the rest