Jones Day Talks

Intended to improve efficiencies and reduce processing errors, new rules implemented by the U.S. Patent and Trademark Office require electronic filing of trademark applications, and all submissions associated with applications. Requirements for trademark specimens of use were also updated. Meredith Wilkes, Ilene Tannen, and Carrie Kiedrowski discuss the likely impact of the new requirements, talk about the problems created by fraudulent specimens, and preview Jones Day's Women in IP initiative's event calendar for 2020. Read the full transcript on the Jones Day website.

Jones Day's global anti-human trafficking initiative promotes unprecedented collaboration between our Firm, our clients, law enforcement, governments, and other organizations to detect, uncover, prevent, and prosecute crimes involving the sex trade, forced labor, and similar exploitation. In observance of National Human Trafficking Awareness Month, partners Laura Ellsworth and Bethany Biesenthal discuss what Jones Day's anti-trafficking pro bono efforts have accomplished, and talk about the Firm's objectives moving forward. Read the full episode transcript on the Jones Day website.

2019 was undeniably a very active year for intellectual property law—there were notable Supreme Court decisions relating to trademarks and patent litigation, and significant developments relating to AI and life sciences. 2020 promises to be just as interesting. Jones Day's Meredith Wilkes, Patricia Campbell, and Tracy Stitt explain what's recently happened and let us know what to look for in the year ahead. They also talk about what Jones Day's Women in IP initiative has planned for 2020. Read the full episode transcript on the Jones Day website.

In Arthrex, Inc. v. Smith & Nephew, Inc., the Federal Circuit has held that appointments of Administrative Patent Judges of the Patent Trial and Appeal Board ("PTAB") were in violation of the Appointments Clause of the U.S. Constitution. Jones Day's Matt Johnson and Dave Cochran discuss the potential ramifications of this decision and talk about what parties to PTAB matters should do now.

Proposed regulations, which will implement the Foreign Investment Risk Review Modernization Act ("FIRRMA") next year, revise the process for review of foreign investments and also reflect the U.S. government's evolving view of what sectors of the U.S. economy (such as real estate, life sciences, and data collection or maintenance) raise national security concerns and, as  result, will be subject to heightened scrutiny. Jones Day's Laura Fraedrich, Chase Kaniecki, and Justin Huff explain why a growing number of industries must consider FIRRMA's implications when structuring transactions involving non-U.S. investors.

Two recent patent applications seek protection for inventions that were created autonomously by artificial intelligence without a human inventor. The applicants want the AI to be deemed the inventor and the AI's owners to receive the patent rights. Emily Tait and Carl Kukkonen discuss how the United States Patent and Trademark Office is exploring the relationship between AI and patent law. Read the full transcript on the Jones Day website.

Legal and regulatory battles continue over net neutrality, the concept that all internet traffic should be treated equally. In Mozilla v. Federal Communications Commission, the U.S. Court of Appeals for the D.C. Circuit upheld the Commission's deregulatory approach to net neutrality but also struck down an order blocking states from implementing their own rules. Jones Day partner Brett Shumate explains what the court's decision could mean for net neutrality moving forward. Read the full transcript on the Jones Day website.

Signed into law by California Gov. Gavin Newsom, the Fair Pay to Play Act will allow college athletes in that state to accept payment for the use of their name, image, and likeness. In response, the NCAA has threatened to bar colleges from postseason tournaments if they allow players to profit under the new law's provisions, and several athletic conferences have also voiced opposition. Still, a number of states are already considering legislation similar to that enacted in California. Jones Day's Marc Weinroth, Ilene Tannen, and Brett Shumate discuss the probable implications of the Fair Pay to Play Act. Read the full transcript on the Jones Day website.

The uncertainty continues for companies potentially at risk since the Trump Administration lifted the suspension on Title III of the Helms-Burton Act, a provision that empowers U.S. nationals with claims to confiscated property in Cuba to file suit in U.S. courts against entities "trafficking" in those assets. Rick Puente and Chris Pace review recent case developments, discuss the appointment of new National Security Advisor Robert O'Brien, and talk about what parties possibly affected by Helms-Burton should expect next. Read the full transcript at the Jones Day website.

The U.S. Supreme Court’s ruling in Mission Product Holdings v. Tempnology, LLC  holds interesting implications for both trademark law and bankruptcy law. Also, in Iancu v. Brunetti, the Court confirmed that trademarks cannot be refused registration on the basis that they constitute "immoral" or "scandalous" matter. Meredith Wilkes, Jennifer Swize, and Anna Raimer review the ramifications of these decisions and preview two additional trademark cases the Court will hear next session. Read the full transcript on the Jones Day website.

In this Encore Presentation: Jones Day Talks podcast on foreign direct investment, Randi Lesnick and Chase Kaniecki discuss the current global M&A landscape, the challenges of multijurisdictional deal making, the impact of geopolitical issues, and why investors can benefit from contingency planning.

France remains a vibrant market for investors. But as is the case in many countries, France is establishing regulations to oversee and control foreign investment in certain industries and sectors. Jones Day's Audrey Bontemps, Nicolas Brice, and Chase Kaniecki talk about the country's foreign direct investment regulations and explain how parties to possible transactions subject to these rules should proceed.

Italy is ranked one of the top destinations for investment in the European union. Still, the Italian government wields the authority to review, and even prevent, investments by foreign entities seeking assets in certain sectors and industries. Jones Day's Stefano Crosio and Chase Kaniecki talk about recent developments in Italy's foreign direct investment regulations and discuss strategic considerations for parties to potential transactions.

The United Kingdom is taking a careful look at potential direct investments by foreign entities. While the UK certainly works hard to attract investor interest, concerns relating to certain sectors can trigger government scrutiny and oversight. Jones Day’s Matt Evans and Chase Kaniecki discuss the U.K.'s review process, the role of the Competition and Markets Authority, the sectors subject to examination, and the importance of "managing the message."

In step with a global trend, the European Union has enacted a framework, effective October 11, 2020, for screening foreign direct investment into EU states. Jones Day's Renato Antonini, Eva Monard, and Chase Kaniecki discuss the industries and sectors affected, the impact on investment deal flow, and other likely effects of the new EU-wide provisions.

President Trump's American AI Initiative is a far-reaching plan designed to ensure the United States remains a world leader in artificial intelligence research, development, and deployment. Jones Day's Emily Tait, Samir Jain, and Chase Kaniecki discuss the focus areas defined by the Initiative, the government agencies involved, and the short-term and long-term implications of the President's actions.

Breaking more than two decades of precedent, the Trump Administration has allowed the suspension of Title III of the Helms-Burton Act to lapse, thereby enabling eligible individuals and companies to file lawsuits in U.S. courts seeking compensation for assets expropriated by the Cuban government since 1959. Jones Day's Chris Pace and Rick Puente discuss the circumstances leading to Title III, how companies can evaluate claims they may have under Title III or exposure they may face under Title III, and potential defenses to Title III lawsuits.

Jones Day's Dave Cochran and Matt Johnson discuss recent developments in patent litigation and appeals, including the continuing importance of the PTAB as a jurisdiction of first choice for patent disputes in the United States, and the impact of the Precedential Opinion Panel ("POP") introduced late last year. They also describe how filing strategies, as well as preliminary response strategies, should be altered as we mark one year since the U.S. Supreme Court's landmark decision in SAS Institute v.  Iancu. Read the full transcript on the Jones Day website.

Am 21. Dezember 2018 ist das sog. Energiesammelgesetz in Kraft getreten, mit dem u.a. das EEG geändert wurde. Hierbei handelt es sich um die siebte Änderung des EEG 2017 seit dessen Inkrafttreten vor etwas mehr als zwei Jahren. Eingeführt wurde u.a. eine Pflicht zur Ausrüstung von Windenergieanlagen mit einer bedarfsgesteuerten Nachtkennzeichnung ab dem 1. Juli 2020. Diese Pflicht gilt auch für Bestandsanlagen; schätzungsweise 18.000 Windenergieanlagen in Deutschland müssen daher nachgerüstet werden. Aus der aktuellen Rechtsprechung ist ein Beschluss des Bayerischen Verwaltungsgerichtshofs vom 3. April 2019 zur Anwendbarkeit der sog. 10 H-Regelung insbesondere für Planer und Betreiber von Windenergieanlagen in Bayern relevant. Danach ist die 10 H-Regelung (Art. 82 BayBO) auch dann bei der Erteilung von Änderungsgenehmigungen nach § 16 BImSchG zu beachten, wenn bereits eine bestandskräftige BImSchG-Genehmigung vorliegt und sich weder die Standorte noch die Höhe der Anlagen ändern. Diese aktuellen Themen im B

On December 21, 2018, the so-called Energy Collective Law came into force, amending, inter alia, the German Renewable Energies Act ("EEG"). This is the seventh amendment to the EEG 2017 since it came into force on January 1, 2017. Among other things, an obligation was introduced to equip wind turbines with need-controlled night-time identification from July 1, 2020. This obligation also applies to existing turbines; an estimated 18,000 wind turbines in Germany will therefore have to be retrofitted. From the current case law, a decision of the Bavarian Higher Administrative Court of April 3, 2019, on the applicability of the so-called 10 H regulation is relevant in particular for planners and operators of wind farms in Bavaria. According to this decision, the 10 H regulation must also be observed when granting amendment permits in accordance with the German Federal Emission Control Act if a valid and binding permit for the wind farm already exists and neither the locations nor the height of the turbines chang