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Ninth Circuit Allows Delinquent Corporation To Sue And Own Trademarks

In Southern California Darts Association v. Zaffina, the Ninth Circuit held that a corporation, whose charter had been suspended by the state of California in 1977, had standing in 2012 to sue and to own trademarks as an...more

What Does the Supreme Court Ruling in Alice v. CLS Mean to a Software Entrepreneur? [Video]

The Supreme Court’s ruling against broadly claimed software patents in Alice Corp. v. CLS Bank leaves many questions on patent eligibility unanswered, which means the controversy and confusion over the scope of patent...more

Unincorporated Associations Can Protect Unregistered Trademarks Under The Lanham Act

Can an unincorporated association own a trade mark and enforce trademark rights under the Lanham Act? The Ninth Circuit says that it can. (Southern California Darts Association v. Zaffina, No. 13-55780, 2014 U.S. App. Lexis...more

Venture Capital Firm Liable For "Aiding And Abetting" Breach Of Fiduciary Duty

A recent case in the California Court of Appeals underscores the dangers that await venture capital firms brave (or foolish) enough to fund companies in the midst of internal disputes. In American Master Lease LLC v Idanta...more

How is Graphene Currently Used and What is the Hope for the Future? [Video]

In the second video of a three-part series, Fenwick attorney Paul Smith talks about the growing anticipation surrounding this strong, conductive and flexible material. Why the excitement? Simply put, graphene is easy. It’s...more

What is Graphene? Fenwick Patent Attorney Has the Answer [Video]

The technology and life sciences communities alike have been raving about new "wonder material" graphene for the past year. From applications for wearable devices to the creation of lightweight, bendable televisions and...more

Two Tips for Inventors Filing Patent Applications [Video]

The intense patent activity in graphene stems from its enormous technological and commercial potential. But because much of the territory underlying the graphene cross-roads has already been claimed, patenting graphene poses...more

Underdog or Underhanded: The Real Issues Behind Aereo

How do you prove someone is breaking the law, if the technology they are using to do so didn’t even exist when the law was written?...more

Taking Notice of Notice Letters [Video]

Companies of all sizes find it increasingly difficult to avoid claims of patent infringement being raised against them. Often these claims come in the form of a notice letter, but what are notice letters, and more...more

Startups seeking crowdfunding: Avoiding patent pitfalls

Many startup companies want to change the world with their great new ideas – but, in an effort to raise funds, some jeopardize their ability to protect those great new ideas with patents. This doesn’t have to happen. With a...more

Protecting and Enforcing Your High Technology Intellectual Property - Webinar Replay [Video]

Our panel of Knobbe Martens partners hosted a complimentary and informative webinar to discuss the state of software and hardware IP protection and enforcement. Challenges to obtaining broad software and hardware IP...more

Gore Decided: Unitary Nexus Rejected; Economic Substance Test Clarified

Today, the Maryland Court of Appeals issued its highly anticipated decision in Gore Enterprise Holdings, Inc. v. Comptroller of the Treasury; Future Value, Inc. v. Comptroller of the Treasury. The court held that under the...more

Legal Alert: Maryland Court of Appeals: Out-of-State Delaware Holding Companies Licensing Patents to Parent Company Doing Business...

Today, the Maryland Court of Appeals held that Maryland may tax out-of-state Delaware holding companies that license patents to their parent company, which was doing business in Maryland. Gore Enterprise Holdings, Inc. v....more

7 Intellectual Property Mistakes Startup Entrepreneurs Often Make

What’s the biggest mistake startup entrepreneurs make with respect to their intellectual property, and what can they do to fix it? That’s the question we recently put to IP attorneys writing on JD Supra, knowing that the...more

A Trade Name May Not Smell So Sweet If It’s Also a Trademark

There are many legal principals behind names of companies and their products and services. It is common for new businesses to check with the North Carolina Secretary of State to make sure no one else has their name. This is...more

Business Law Newsletter - January 2014

In This Issue: - Minority Shareholder Rights in Virginia - Revisions to Federal Non-Party Subpoena Power (Rule 45): Streamlining and Simplifying Outdated Procedures, Effective December 1, 2013 - Common...more

Virginia Adopts Narrow Definition of “Royalty” for Purposes of its Intangible Expense Add-Back

In a recent ruling, the Virginia Department of Taxation determined that payments made by a taxpayer to an affiliated corporation were not "royalty" payments and should not have been added back to the taxpayer’s Virginia...more

Issues and Complexities: Evaluating an MLP at 4 Key Points in the IPO Process

Understanding what and when decisions need to be made can help companies ensure a smooth MLP IPO process. The number of master limited partnerships (MLPs) has grown significantly over the past five years, increasing...more

The Building Blocks of a Technology Deal [Video]

Shearman & Sterling partner Richard Hsu explains the building blocks of a typical technology partnering deal: equity investment, technology development, licensing, manufacturing and distribution...more

3 Things Small Business Owners Don't Include in Their Year-End Planning, But Should

When it comes to year-end planning, what's the one thing most small business owners don't do but should? That's the question we put to attorneys writing on JD Supra, knowing that the diversity of insights would make...more

Legal Resource Guide for Startup Entrepreneurs

In this Guide: - Guide to Starting a Corporation - Venture Capital for High Technology Companies - Angel/Seed Financing Survey – 2012: Internet/Digital Media and Software Industries - Trends in...more

You Can Be Liable For Copyright Infringement by Your Company

Generally, the owners, officers and employees of a corporation or limited liability company are not personally liable for the actions or conduct of their companies. However, a recent decision by the United States District...more

Why Choose the Dual Track Process? [Video]

Chicago-based partner Cathy Birkeland explains why companies might choose the dual track Mergers and Acquisition (private confidential auction process) and Initial Public Offering process over single track. ...more

Navigating the Dual Track M&A/IPO– Part One [Video]

Chicago-based partner Cathy Birkeland explains the dual track Mergers and Acquisition (private confidential auction process) and Initial Public Offering process. - Filing a registration statement - Finding a buyer while...more

The One Mistake Startup Entrepreneurs Always Make - A Legal Perspective...

In your experience working with startup entrepreneurs, what's the one mistake they make time and again? The answer to that question of course varies greatly, depending on whom you ask - and, for legal perspective, we...more

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