A Cosmic Copyright Conundrum: ‘Star Trek,’ Space Force, SCOTUS and Blackbeard’s Shipwreck: IPWatchdog, March 28, 2020

 Yitzchak Besser, IPWatchdog; A Cosmic Copyright Conundrum: ‘Star Trek,’ Space Force, SCOTUS and Blackbeard’s Shipwreck

"A Cosmic Conundrum

To unpack the result of this decision, let’s return to space. In a hypothetical scenario in which a private citizen infringed on the Star Trek copyrights, ViacomCBS could easily bring a lawsuit against them. If ViacomCBS believes that the Space Force seal infringes on its copyrights, then it can sue the U.S. government. But if a hypothetical North Carolina Space Force decided to use the Starfleet seal without permission, then ViacomCBS would be left without recourse against the state government.

To paraphrase Justice Breyer, something certainly seems “amiss” about this disparity. As he suggested in his concurrence, this case creates the potential for quite the cosmic copyright conundrum."

Supreme Court rules states are immune from copyright law; Ars Technica, March 24, 2020

Timothy B. Lee, Ars Technica; Supreme Court rules states are immune from copyright law

"A state government that infringes someone's copyright doesn't have to worry about getting sued, the Supreme Court ruled on Monday. The high court held that federalism trumps copyright law, effectively giving states a free pass."

Allergan is dealt another setback as patent board shoots down Mohawk patent deal; STAT, February 23, 2018

Ed Silverman, STAT; Allergan is dealt another setback as patent board shoots down Mohawk patent deal

"In a closely watched case, a U.S. patent appeals board ruled that a Native American tribe cannot claim sovereign immunity in order to avoid a certain type of patent challenge. The decision is a blow to Allergan (AGN), which last fall transferred patent rights to one of its biggest-selling medicines to the St. Regis Mohawk Tribe in hopes of thwarting generic competition.

Procedurally, Allergan sought to avoid inter partes reviews, a type of patent challenge that has vexed drug makers since going into effect six years ago, because these are easier and faster to file than patent lawsuits. At the time it transferred patent rights to its Restasis eye treatment, which last year generated more than $1.4 billion in sales, Allergan was facing a conventional patent challenge in a federal court."