Baker Donelson Bearman Caldwell & Berkowitz PC


Medicare 340B Drug Payment Policy Survives Legal Challenge; Hospitals Say, It's Not Over

USA - January 16 2018 A federal court has handed CMS an initial legal victory enabling drastic cuts in Medicare Part B payment to take effect for separately payable drugs

The differences between “pay if paid” and “pay when paid” clauses in construction contracts

USA - January 15 2013 As attorneys that draft construction contracts and litigate construction disputes on a regular basis, we have seen how construction contract terms are

Texas court holds employer not liable for drunk employee's death

USA - January 27 2014 A state appellate court in Houston, Texas recently held that an employer had no duty to prevent an employee from injuring himself as a result of his

It's alive! The public domain starts breathing again

USA - February 14 2018 In 1998 the flow of works entering the public domain was halted by the Sonny Bono Copyright Term Extension Act, which extended the duration of US

Assignment documents now publicly available through USPTO website

USA - September 28 2016 The US Patent and Trademark Office (USPTO) now makes copies of patent assignments available for immediate download. This is a deviation from prior

Honey badger don’t care - transforming trademark infringement into artistic or expressive works

USA - August 15 2018 After his video about African honey badgers went viral, Christopher Z Gordon began policing third-party use of the catchphrases. In a recent case against greeting cards manufacturers

USPTO must pay its own attorneys’ fees

USA - August 8 2018 The Federal Circuit Court of Appeals en banc has rejected the USPTO’s attempt to obtain attorneys’ fees in a de novo civil action. It rejected

Two iconic brands - Federer's uncertain hope to obtain the RF logo from Nike

USA - August 8 2018 Although Nike no longer has a clothing contract with Roger Federer, it still owns the trademark registration for the iconic stylised RF logo. However

Nike Jumpman logo: not yet a slam dunk

USA - July 25 2018 Nike had seemingly won the copyright contest over its iconic Jumpman logo when the Ninth Circuit Court of Appeals issued its opinion of

Federal Circuit expands generics - including ZERO for soft drinks

USA - July 11 2018 The Federal Circuit recently vacated and remanded the Trademark Trial and Appeal Board’s decision that the term ‘zero’ is not generic for soft drinks