Have You Heard About the TBA Mashup?

Interested in observing a legal hackathon or getting a hands-on demonstration of the new Fastcase 7 platform? Both will be part of the first TBA Mashup, a full-day of activities and free programming set for Feb. 17 at the Tennessee Bar Center in conjunction with the annual TBA Law Tech UnConference CLE program.

In addition to the hackathon and Fastcase 7 demo, the TBA Mashup will feature sessions on: 

  • Current State of Health Insurance for the Small Firms
  • Professional Liability Insurance - What to look for in YOUR Policy
  • A Demo of Fastcase TopForm, a powerful bankruptcy filing software
  • Retirement Planning Guidance from the ABA Retirement Funds
  • Pro Bono in Action: How to help with pro bono events and how to take part in online options

At the annual TBA Law Tech UnConference CLE program, you can take as many or as few hours as you need. Registration will be open all day. Payment will be determined at checkout based on the hours you need. Topics will include: 

  • Bill & Phil Tech Show
  • Ethical Considerations for Cyber Security in Law
  • Evolution of the Legal Marketplace
  • Making e-Discovery Affordable 
  • Drone Law
  • Encryption for Lawyers

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Latest IP Newsletter Now Available

The December 2016 Edition of the TBA IP Section newsletter is now available.

The following content is contained in this edition of the newsletter:

  • Justice to Revise Antitrust Guidelines on Intellectual Property Licensing
  • Mark Your Calendar and Resources
  • TBA Patent Pro Bono Program Begins Matching Attorneys
  • Litigation Roundup
  • International News/Treaty Watch

Thanks to Editor Judy Goans and all of the members of the IP Executive Council for their hard work in producing this newsletter. Remember to check out the Intellectual Property Section on the website for additional resources.

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Turn Your Expertise into a Magazine Article

It’s no surprise that some of the best articles in the Tennessee Bar Journal have come from TBA section members. Your membership in this section shows that you have a keen interest in trends, developments and case law in this practice area. Sharing this knowledge with your colleagues is one of the best traits of the profession.
How can you become a Journal author? Think of and refine your topic. It should be of interest to Tennessee lawyers, which is a broad criteria. This could mean you might explain a new state law, explain a complicated area of law, or take a larger issue and connect it to what it means for Tennessee attorneys and the justice system. Find a global issue within your particular experience or knowledge and tell about it and how it affects Tennessee law. Then take a look at the writer’s guidelines, which will tell you about length, notes and other details. Once it’s in the proper format, send it in! It goes to the editor, Suzanne Craig Robertson, who will then get it to the seven members of the Editorial Board for review.
If you are published, you may apply for CLE credit for your work under Supreme Court Rule 21 Section 4.07(b). For details on claiming the credit, check with the Tennessee Commission on Continuing Legal Education or access an Affidavit of Sole Authorship or an Affidavit of Joint Authorship from the Commission's website.

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Merck Wins Record Patent Verdict

In the biggest patent-infringement verdict in U.S. history, Gilead Sciences Inc. will pay $2.54 billion to Merck & Co. for willfully using a patented invention as the basis for its hepatitis C drugs. The Delaware jury deliberated for less than two hours and rejected Gilead’s arguments that Merck’s patent was invalid, Bloomberg News reports. Because the action was found to be willful, the judge could increase the damage award by as much as three times the amount set by the jury, Bloomberg reports.

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Stites & Harbison’s Trademarkology Named Top Blog

In addition to two blogs written by individual Tennessee attorneys, the ABA Journal has named Stites & Harbison’s Trademarkology blog as one of the 100 best blogs for a legal audience for 2016. This is the third consecutive year the blog, which focuses on trademark issues, has made the list. Read more from the firm or see other blogs by Tennessee lawyers and firms.

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TBA President Urges Unity, Consensus Building in Profession

In the new Tennessee Bar Journal, President Jason Long discusses our divided country after the recent election, urging lawyers to be “united now more than ever in our commitment to the profession and its bedrock principles.” He writes that “we can provide that opportunity in a controlled and structured environment, operating within the framework of our democratic institutions. If there is an opportunity for consensus building and unity in today’s political climate, the legal profession can and should facilitate that.” Also in this issue, learn if you are protecting your clients’ electronic information enough, in the cover article by Trey Forgety. Brian Dobbs writes to help you understand the law of construction in Tennessee. Read the December issue.

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TBA Activates Disaster Legal Assistance for Wildfires

In response to the wildfire disasters in Gatlinburg and Sevier County, the TBA is partnering with the Tennessee Alliance for Legal Services (TALS), Legal Aid of East Tennessee (LAET) and the Supreme Court's Access to Justice Commission to help those affected with their legal needs. Attorneys who want to help can access training resources and other materials on the TBA's Disaster Legal Assistance page. Legal clinics and outreach related to losses from the fires are anticipated and volunteers will be needed. For more information or to volunteer in the area, contact Kathryn Ellis at Legal Aid of East Tennessee. Those who are not in the area but still want to help can volunteer to answer online questions at TN Free Legal Answers or respond to calls on the HELP4TN helpline. The TBA's Young Lawyers Division Disaster Relief Committee has also been activated and will be assisting with volunteer recruitment and coordination efforts. To volunteer, complete the Disaster Legal Assistance Volunteer Form. If you know someone in need of legal assistance, please have them call the legal helpline at 844-HELP4TN, or visit

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Patent Pro Bono Program Event Coming to Memphis

The TBA will host an event in Memphis on Dec. 8 to showcase its patent pro bono program and recruit new volunteers. The happy hour will take place from 5 to 7:30 p.m. at Adams and Reese LLP. Come enjoy appetizers and a beverage and learn more about Legal Assistance Volunteers for Patent Applicants (LAVPA). LAVPA has matched seven inventors with volunteer patent attorneys since its launch this past summer but additional volunteers are needed. Recruitment events have already been held in Knoxville, Chattanooga and Nashville. For more information contact LAVPA Coordinator J. Scott “Skip” Rudsenske, 615-277-3207.

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ABA Considers Privacy Law Certification

A program administered by the International Association of Privacy Professionals (IAPP) that certifies lawyers as privacy law specialists is expected to go before the ABA House of Delegates in February, the ABA Journal reports. If the ABA approves accreditation, lawyers who meet IAPP standards – including passing two exams and working in the field for at least three years – could declare themselves privacy law specialists without fear of violating state ethics rules. The accreditation would last for five years. Those supporting the move say that the rise of cyber, security and intellectual property issues have created a need for a recognized specialty.

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DOJ Files Appeal in Songwriter Licensing Case

The Department of Justice on Friday appealed a federal judge’s decision to strike down its proposal for 100 percent music licensing for songwriters and publishers represented by BMI. Under the scheme proposed by the department, music licensing organizations such as BMI would be forced to license a song even if they only represented a small percentage of the song’s copyright. Songwriters and publishers have criticized the proposal saying it would throw the profession into chaos and threaten the practice of co-writing among songwriters from different performance rights organizations. The appeal was widely expected according to industry watchers, the Tennessean reports.

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Info Session Friday for Patent Pro Bono Program

The TBA will host an information session and happy hour this Friday from 5 to 7 p.m. for those interested in learning more about Legal Assistance Volunteers for Patent Applicants (LAVPA), a program that helps under-resourced inventors and small businesses with their patent legal needs. The event is part of the TIPLA CLE and is sponsored by Patterson Intellectual Property. It will be held at Patterson’s office at 1600 Division St. # 500 in Nashville. For more information about the program, contact LAVPA Coordinator J. Scott “Skip” Rudsenske, 615-277-3207.

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Librarian of Congress Removes Copyright Head

Librarian of Congress Carla Hayden announced Friday that she removed the head of the U.S. Copyright Office. Maria Pallante, who had served as copyright head for five years, told Congress last year that the office should be independent and no longer under the library umbrella, citing “mounting operational tensions” and a number of other concerns with the current structure. She now will become senior adviser for digital strategy. Karyn Temple Claggett, currently the associate register of copyrights, will head the office while a national search is conducted. Roll Call looks at the decision.

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Appeals Court Reinstates Award in Apple/Samsung Patent Case

A federal appeals court today reinstated a $120 million jury award for Apple against Samsung in the fierce patent war between the world's top smartphone manufacturers, Reuters reports. The U.S. Court of Appeals for the Federal Circuit in Washington, D.C., ruled that a previous panel of the same court should not have overturned the 2014 verdict in the case involving iPhone technology patents for slide-to-unlock, autocorrect and "quick link" features. The Tennessee Bar Journal provided an analysis of the original decision in the 2015 article “Design Patent Damages Awards Under 'Apple v. Samsung.’”

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SCOTUS Denies NCAA Appeal in O'Bannon Amateurism Case

The U.S. Supreme Court announced on Monday that it will not hear the NCAA’s appeal in the Ed O'Bannon case, keeping the lower court’s decision that found amateurism rules for college basketball and football players to be in violation of federal antitrust laws. The LA Times reports that the court also rejected another appeal, this one from former college basketball star O’Bannon, that called for a plan to pay football and basketball players. In 2014, U.S. District Judge Claudia Wilken ruled in the original case that the NCAA’s use of names, images and likenesses of college athletes without compensation violated antitrust law.
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TBA’s LAVPA Happy Hour in Knoxville Wednesday

The TBA’s Legal Assistance Volunteers for Patent Applicants (LAVPA) is hosting events across the state to inform attorneys of the volunteer opportunities it provides. The first happy hour is sponsored by the IP firm Luedeka Neely and will be held in Knoxville tomorrow (Sept. 21) from 5-7 p.m. at the Downtown Grill & Brewery as part of the Innov865 conference.The program's mission is to educate and provide legal services to under-resourced inventors to reduce the filing of improper patent applications, which contributes to backlog and loss of patent protection. Information for other events can be found on the TBA website.

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TBA Patent Pro Bono Program Begins Matching Attorneys

The Legal Assistance Volunteers for Patent Applicants (LAVPA) program has begun matching attorneys with inventors to provide legal assistance, including the prosecution of patent applications.

Online applications from inventors are being received, and attorney volunteers are signing up, through the online forms found on the LAVPA page of the TBA’s website. Volunteer attorneys are in demand and vital to the success of the program. Volunteer recruiting and publicity events are also planned as follows:

  • Knoxville, Sept. 21, 5 - 7 p.m., Downtown Grill & Brewery (Part of innov865)
  • Chattanooga, Oct. 5, 5 - 7 p.m., Public House (part of Start Up Chattanooga)
  • Nashville, Nov. 4, 5 - 7 p.m., Patterson IP (after the TIPLA CLE)

To find out information or ways you or your firm can support the program, please contact LAVPA Coordinator J. Scott “Skip” Rudsenske, (615) 277-3207.

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ASCAP, BMI Join Forces to Fight Music Licensing Ruling

The leaders of ASCAP and BMI convened a private meeting Monday for Nashville’s songwriting and publishing community in a historic show of solidarity by the two competitors, the Tennessean reports. The performance rights organizations are banding together to fight a ruling by the U.S. Department of Justice regarding 100 percent licensing, which allows a copyright holder to license a song no matter how small a percentage of the copyright they own. The groups said they expect a protracted battle with the Justice Department. By contrast, the DOJ ruling has been applauded by music tech firms such as Google and Pandora, along with radio broadcasters and restaurants that license music.

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Georgia Congressman Takes on Music Licensing Fight

Georgia congressman Doug Collins is vowing a legislative response to the Department of Justice’s recent decision not to update music licensing consent decrees but instead enforce “100 percent licensing,” the Tennessean reports. Under that scheme, a songwriter and publisher may license a song no matter how small a percent ownership they have in the copyright. Many in the music industry fear the new opinion could threaten the practice of co-writing songs, curb the creative process and complicate royalty payouts. 

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Wearable Technology that Monitors Workers Could Lead to Legal Problems for Employers

Employers are outfitting workers with wearable technology to track inventory, map routes through warehouses, monitor employee interactions and keep truck drivers awake.

But lawyers see potential legal complications as wearable technology becomes more common in the workplace, the Washington Post reports. The ABA Journal has more on the story from Debra Cassens Weiss.

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AG Announces Settlement with Anti-Competitive Pharma Business

Attorney General Herbert Slatery announced today that Tennessee, 48 other states and the District of Columbia have reached an agreement with Cephalon Inc. and affiliated companies, now a part of Teva Pharmaceutical Industries, following alleged anti-competitive conduct. The $125 million settlement concludes an investigation into a scheme by Cephalon to block generic competition to its sleep-disorder drug, Provigil. Cephalon prevented competition by filing patent infringement lawsuits against potential competitors, and then paid those competitors to delay the sale of their generic versions of the drug. In total, the states will receive $35 million for distribution to consumers who purchased Provigil. Tennessee and its consumers will receive an estimated $3.32 million.

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ABA Annual Meeting Includes FBI Director, Marcia Clark as Speakers

The American Bar Association (ABA) annual meeting in San Francisco continues today. Offerings at the meeting include updates about the legal implications of electronic devices such as home security systems, cellphones and fitness trackers that collect and exchange data, and the Zika virus. Today, FBI Director James Comey was among experts who examined the use of emerging technology by criminals and terrorists to evade detection, and Marcia Clark, who was the lead prosecutor in the O.J. Simpson case, was on tap to discuss her new work of fiction.

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ABA Meeting Opens, Includes Diversity Commission Findings

The American Bar Association kicks off its annual meeting today in San Francisco with topics to be explored including national security at the U.S. border and in the cyber realm, the impact of new voting laws on the upcoming fall elections and the integration of transgendered soldiers in the U.S. military. On Saturday, the ABA Diversity and Inclusion Commission, formed by outgoing ABA President Paulette Brown, will unveil the results of its work. The group spent months reviewing and analyzing the state of diversity and inclusion in the legal profession, the judicial system and the ABA, with the aim of formulating methods, policies, standards and practices to “move the needle” and advance diversity and inclusion. “The legal profession is the best, but we can do better," Brown said. "It can no longer be acceptable for us to be the least diverse of all comparable professions.” Learn more from the ABA's Diversity and Inclusion Portal.

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ABA Asks Court to Limit ‘Laches Defense’ in Patent Cases

The ABA has filed an amicus brief urging the U.S. Supreme Court to apply a 2014 copyright ruling, which limited use of the “laches defense,” to patent cases. The doctrine of laches allows dismissal of suits that are unreasonably delayed. The ABA argues patent cases should not be subject to laches during the statutory six-year damages period, and that laches should be available only in the most extraordinary circumstances and to prevent injunctive and other prospective equitable relief. Neglecting to take this action will “continue to encourage rushed, premature filings, and discourage non-litigation resolutions such as settlement,” the brief argues. The ABA Journal has more on the issue.

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Online IP Courses Now Available

Online programs offering insights into various aspects of intellectual property law are now available online. CLE sessions cover fair use defenses, Lanham Act updates, patent infringement and licensing updates, Tennessee’s statutory right of publicity, and international norms of intellectual property protection. Access courses at the links above.

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Led Zeppelin Duo Prevails in Copyright Suit

A Los Angeles jury today found Led Zeppelin frontman Robert Plant and guitarist Jimmy Page not guilty of copyright infringement on perhaps their most famous song, "Stairway to Heaven," CNN reports. The case centered on claims that Led Zeppelin copied key note patterns in the first two minutes of their hit from a song by the 1960s psychedelic band, Spirit.

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