General Business Intellectual Property

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IP Licenses & Bankruptcy Laws (Part 1)

When a company goes through bankruptcy, it’s a process that can up-end all of the company’s contractual relationships. When that bankrupt company is a licensor of intellectual property, then the license agreement can be one...more

CFTC Approves Final Rule Amendments to CPO Financial Report Regulations

On November 21, 2016, the U.S. Commodity Futures Trading Commission (CFTC) approved final rule amendments to its regulations that allow commodity pool operators (CPOs) to use certain additional alternative generally accepted...more

Five Things You Should Know for 2017 About Cross-Border IP Licensing and Insolvency Law

Brexit. Trump. The year 2016 can be characterized as one of unpredicted results and impending uncertainty. In June, the UK electorate voted to leave the European Union and in November, a tumultuous presidential campaign in...more

IP holding companies offer potential added protection benefits

Protecting intellectual property — from theft or misappropriation, infringement, or even from potential creditors and judgments — is a chief concern among businesses large and small and can be accomplished in a variety of...more

2016: A Full Bouquet of Wine Fraud

The rapid growth of the international wine market has given rise to a simultaneous growth in wine fraud. The burgeoning demand, especially in China, has exposed all players—collectors, investors, vineyards, distributors, and...more

Ranbaxy and AstraZeneca Prevail in Nexium® Pay-For-Delay Case

On November 21, 2016, the U.S. Court of Appeals for the First Circuit upheld a 2014 jury verdict for AstraZeneca (AZ) and Ranbaxy regarding a 2012 payment of $700 million from AstraZeneca for Ranbaxy to abandon its challenge...more

Federal Court in Missouri Holds At-Will Employment Is Not Consideration for Noncompete

The end of the year is an opportune time for employers to make sure their noncompete and arbitration agreements are still valid. A recent Missouri federal court decision underscores how difficult it can be to enforce those...more

Termination of Distribution Agreement Does Not Affect Licenses to Cloud-Based Access

After finding that a copyright infringement question analyzed by the district court was more properly a contract interpretation issue, the US Court of Appeals for the Second Circuit affirmed the district court’s decision that...more

Patent Trolls v. Transportation Companies – Contract Tips to Help Avoid Paying the Toll

Transportation companies have become prime targets for patent infringement lawsuits in recent years. Some mistakenly assume that technology companies are the only companies subject to infringement claims, however, the use of...more

Employers Don’t Own Your Brain; They Merely Rent it

New Jersey is apparently about to join the list of states with statutes that protect the rights of inventors. Generally, inventions made by employees belong to the employee, unless (1) that employee was specifically hired to...more

Business Litigation Report - November 2016

Second Circuit: International Comity Precludes Antitrust Liability of Chinese Manufacturers for Conduct Mandated by Chinese Law - On September 30, 2016, the U.S. Court of Appeals for the Second Circuit issued its...more

Terms And Conditions For Your App: 6 Key Considerations

For corporations, the mobile app is today’s website. Back in the late 1990s, no self-respecting company, no matter how stodgy and old-fashioned, wanted to be without a website. Originally published in Law360,...more

No Thanksgiving Turkey for Campari

It is common practice for businesses to engage in trade mark licence agreements as a means to facilitate building brand awareness. However, the High Court of Australia's refusal to grant special leave to appeal the Full Court...more

THANKSGIVING EDITION [FROM THE ARCHIVES]: Court Protects Quizno’s Franchise Turkey Trade Secrets

This Thanksgiving, Trade Secrets Watch is serving a delicious tale about protecting trade secrets in a franchising relationship. In 1994, Quizno’s entered into a franchise agreement with Robert Kampendahl, an...more

A Holiday Miracle? Massachusetts Legislature Discussing Late-Session Non-Compete Deal

Apparently there may be some life left yet in the Massachusetts Legislature’s attempt to pass non-compete reform this year. As we previously reported, the House and the Senate were unable to bridge their differences and...more

Food Fight: America’s Test Kitchen v. Chris Kimball

If, like me, you’re a fan of PBS and its soothing, soft-focus, food-related shows (ahem, Great British Bake-off), you were probably devastated when you heard that longtime host Chris Kimball, was leaving America’s Test...more

Can Internet Comments and Search Results Prove Trademark Infringement?

You’ve selected a unique trademark, marketed and sold products under the brand, and continue to build up a base of satisfied customers. But then a new company emerges with a very similar trademark, piggybacking on your...more

A Difference With A Distinction: The Second Circuit Upholds Preliminary Injunction In Parallel Imports Case

In Abbott Laboratories, et al. v. H&H Wholesale Services, Inc., et al., the United States Court of Appeals for the Second Circuit affirmed a preliminary injunction issued in a trademark case focused on the parallel...more

McDermott International Legal Highlights November 2016

The New World of Global Tax Planning: a Checklist for Success - As all multinationals (MNEs) are discovering, domestic implementation of the recommendations set out in the base erosion and profit shifting (BEPS) final...more

Super Moon Harkens Low Tide for Hatch-Waxman Patent Disputes

This week, the U.S. Supreme Court denied a petition for writ of certiorari in a case that will give pharmaceutical companies pause when considering whether to settle patent challenges under Hatch-Waxman. The Supreme Court’s...more

District Court Stays Patent Litigation Pending State Court Proceedings That Will Determine Licensing Issue

In this patent infringement action, MMEI, owns U.S. patent 6,234,099 ("the '099 patent"). Fineline Industries, Inc. ("Fineline Inc.") entered into a license agreement with MMEI that permitted Fineline Inc. to use the '099...more

Litigation and enforcement in Japan: overview

MAIN DISPUTE RESOLUTION METHODS - 1. What are the main dispute resolution methods used in your jurisdiction to resolve large commercial disputes? Litigation Litigation is the most frequently used dispute...more

You Just Used My Picture Without Permission?

Artist Richard Prince’s exhibit entitled “New Portraits’’ was displayed at New York City’s Gagosian Gallery and Frieze New York during the summer of 2015. This exhibit featured screenshots of other people’s Instagram photos....more

One of Obama Administration’s Final Mandates: Non-Competes Should Be The Exception, Not The Rule

With all the hubbub over the Presidential election, it would not be hard to overlook some of the Obama administration’s final moves. Recently, the White House issued a call to action to state legislators to ban non-compete...more

“Use in Commerce”: Look Before You Leap

Order Granting Motion to Dismiss, With Leave to Amend, Stag’s Leap Wine Cellars, LLC, et al. v. Treasury Wine Estates Americas Co., 16-cv-04922-RS (Judge Richard Seeborg) - Plaintiffs in trademark cases may be tempted to...more

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