Business Organization Intellectual Property

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Delaware Chancery Court Focuses On Negotiation History In Denying Former Securityholders A Milestone Payment Based On The...

On March 15, 2017, Chancellor Andre G. Bouchard of the Delaware Court of Chancery decided, post-trial, that a biopharmaceutical company was not required to pay a $50 million “milestone payment” under the terms of a merger...more

Publish or Perish? The Balance Between Public Disclosure and IP Protection in Scientific Research

Public disclosures can destroy intellectual property rights related to the work. Scientists and their attorneys need to strike a delicate balance between competing interests. ...more

Bankruptcy Dispute Regarding “Coolcore” Trademark Heats Up in the First Circuit

In December 2015, the TMCA blogged about a decision in In re Tempnology, LLC, in which the Bankruptcy Court for the District of New Hampshire held that a debtor’s rejection of a licensing agreement in bankruptcy terminated...more

On Your Mark—"TM" or "®"? Trademark Notice Guidelines

When starting a new business or developing a new brand, business owners tend to have common trademark-related questions: Do I need a trademark registration? What rights will a registration provide? What are the associated...more

Intellectual Property Traps for the Unwary Business

Businesses often have misconceptions when it comes to intellectual property issues. Here are a few questions and answers on topics about which clients often ask us for advice...more

Avoiding trademark and domain name scams

As a brand owner, you understand the importance and value of your proprietary brands, whether they be words, logos, tag lines, unique packaging or distinctive uses of colour. You may have also taken steps to apply for Federal...more

The Importance of Brand Identity and Trademark Protection for Breweries and Wineries

Too often, small startups, including brewery and winery businesses, only consider protection of their brands and other intellectual property as an afterthought. With hundreds of new wineries and craft breweries developing...more

Failure to Explain Why Misappropriated Information is a Trade Secret May Lead to Dismissal of a DTSA Complaint With Prejudice

A recent decision in the Western District of Kentucky highlights the importance of explaining in a complaint under the Defend Trade Secrets Act why the allegedly misappropriated information qualifies for trade secret...more

5 Must Ask IP Due Diligence Questions in Corporate Transactions

When would a company undergo intellectual property due diligence? - Konstantin Linnik: Any corporate transaction involving IP assets necessitates diligence: merger, acquisition, IPO, investment (such as a venture...more

Explanation of J. Crew “back-door” provision and proposal for how lenders might address this in their documentation.

Recently, J. Crew used a “back-door” provision in its credit facility to transfer approximately $250 million worth of intellectual property (“IP”) to an unrestricted subsidiary with the aim of borrowing against the...more

The Case for a Comprehensive 360° IP Strategy: Step 3 - Implementing IP Assets/Business Strategy Alignment

This article is the fourth in a multi-part series on the critical need for businesses to extract total value from their IP assets by developing and applying a comprehensive, consistent and cost and time efficient IP...more

In Case You Missed It: Launch Links - February, 2017 #2

Some interesting links we found across the web this week: Independent Directors - At a recent QuickLaunch University event in Boston, our very own Josh Fox convened a panel on best practices for developing your...more

IP Due Diligence: The Five Questions You Must Ask in Corporate Transactions

Konstantin Linnik, Ph.D., a partner in Nutter’s Intellectual Property Department, addressed the importance of intellectual property due diligence in corporate transactions in Nutter Insights. Konstantin discussed when a...more

Biogen to Pay Forward $1.25 Billion in Settlement

Forward Pharma A/S (“Forward”) recently announced that a necessary super majority of its shareholders have approved a settlement of various patent disputes with two wholly-owned subsidiaries of Biogen Inc. (“Biogen”) in which...more

How Addressing 'The Triumvirate of Patent Risks' Can Enhance Your IP Portfolio Value

Why investors and patent owners should carefully consider the Patent Triumvirate throughout the commercial development process and beyond....more

Why Should I Register My Trademarks?

If you have a company, a brand, a tagline, a design logo or you offer products or services to the public, you probably have a trademark that should be registered. Many clients, regardless of sophistication, do not register...more

Patriots Granted Registrations for “Perfect Season” That Never Was

Regardless of which team you were rooting for, this year’s Super Bowl (a/k/a the Big Game) was an exciting one to watch, with the Patriots making a surprising comeback in the second half, racking up 31 consecutive points to...more

Saudi Arabia Launches First Education PPP Programme

The latest aspect of Saudi Arabia’s wide-ranging Vision 2030 economic reform initiative has taken a step closer with Tatweer Buildings Company’s (TBC’s) plans to establish the first education public private partnership (PPP)...more

FCPA Compliance Report-Episode 305-Rakhi Kumar on corporate sustainability [Video]

In this episode, I visit with Rakhi Kumar from State Street Global Advisors on building sustainability into your long term corporate growth strategy. With corporate governance in the limelight, it's more important than ever...more

Selecting a Mark

While branding is important, selecting a mark for a new business can occupy a disproportionate amount of management’s time and the company’s resources, and present significant risks to the business....more

New Year’s Resolution – Be Compliant With the DMCA!

Copyright Office Issues New Rule – A Fresh Designation of Agent Submission is Required Before The End of 2017 to Be Compliant With The DMCA - The Digital Millennium Copyright Act (“DMCA”) provides safe harbors from...more

Doing Business in the UAE

Country Background - Formed on 2 December 1971, the UAE is a federal state of seven emirates comprising Abu Dhabi, Ajman, Dubai, Fujairah, Ras Al Khaimah, Sharjah and Umm Al Quwain. The UAE federal constitution...more

Facelift for Two Millennials: DOJ and FTC Update Guidelines for IP Licensing and International Enforcement

More than 21 years ago, the US antitrust agencies issued guidance to the business community on two critical topics of antitrust enforcement: (1) the licensing of intellectual property rights and (2) international enforcement...more

Agencies Issue Updated Antitrust Guidelines for the Licensing of Intellectual Property

On January 12, 2017, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ,” collectively the “Agencies”) issued an update to the 1995 Antitrust Guidelines for the Licensing of...more

Dentons Rodyk Reporter 2017

Regional CEO message - Happy New Year and welcome to the first issue of Dentons Rodyk Reporter 2017. Let me share our key developments in 2016 and tell you what to expect from us in 2017. Please see full...more

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