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Federal Circuit Review - June 2017

by Knobbe Martens on

Inter Partes Reexamination Estoppel Attaches On Claim-by-Claim Basis for New Requests and Pending Proceedings - In In re Affinity Labs Of Texas, LLC, Appeal Nos. 2016-1092, 2016-1172, the Federal Circuit held that the...more

The Federal Circuit Grapples With a Messy Breakup and Trademark Ownership

by Dorsey & Whitney LLP on

Last week, the U.S. Court of Appeals for the Federal Circuit provided important guidance on the standard applicable to resolving disputes over the rightful ownership of a trademark where the mark has been used by a group of...more

How Startups Can Protect Their IP Rights

by Revision Legal on

For businesses that are just starting out, intellectual property (IP) rights can be immensely valuable. Your IP rights could be the business asset that sets your company apart from your competitors. Equally important to...more

“Google” Still Not (Yet) Generic

Last week the U.S. Court of Appeals for the Ninth Circuit issued a significant opinion on the topic of genericness, Elliott v. Google, Inc., No. 15-15809. The opinion affirmed a federal district court’s grant of summary...more

Business Litigation Report - April 2017

Renegotiation of, or Withdrawal from, NAFTA: Context and Possible Consequences - (“NAFTA”) is a trade agreement signed by Canada, Mexico, and the United States that came into force on January 1, 1994. Its goal was to...more

Key risk management strategies: five proactive steps for global retail brands

by DLA Piper on

When a retail brand is looking to expand globally or finds itself embroiled in an investigation, there are bespoke issues that branded retailers must focus on or risk losing credibility and revenue. In today's world of viral...more

Business Law Update - May 2017

by Barley Snyder on

Through June 19, the Pennsylvania Tax Amnesty Program will waive all penalties and slash the interest rate on outstanding tax delinquencies that existed as of the end of 2015. Both the state and the Pennsylvania Department of...more

Key IP Questions For Emerging Businesses

Are you starting a new company or business venture? Launching an exciting new product or expanding into a new business line? Congratulations. Just remember, if you wind up with a high-growth opportunity, it can often pay big...more

Grey Marketing – Still Not Black and White in Canada

by Smart & Biggar on

Grey marketing, sometimes referred to as “parallel importation”, is the diversion of goods, originally intended for sale only in certain countries, to other countries where they were not intended to be sold. The goods are not...more

China’s Draft IPR Guidelines Reach Final Consultation Stages

by Allen & Overy LLP on

Speed read - On 23 March 2017, the Antimonopoly Commission of China’s State Council (“AMC”) published the long-expected draft Guidelines on Prohibition of Abuses of Intellectual Property Rights (“draft IPR Guidelines”)...more

Belgium: IP tax incentive - implementing the nexus approach and broadening the scope of application

by DLA Piper on

In 2007, Belgium introduced a patent income deduction (PID) for Belgian companies (and permanent establishments of foreign companies) that derive income from or by means of patents and supplementary protection certificates....more

TechConnect - Your Law Firm Link to Industry News - March 2017

by Mintz Levin on

Happy spring! This issue includes two articles that challenge conventional thinking. The first, called “Software is Still Patent Eligible,” makes the case that software patents can still be obtained. IP generally accretes in...more

Business Planning Alert: "Selling a Business? Pay Attention to Your Confidentiality Agreement"

by Porter Hedges LLP on

Selling a business can be a momentous event. The process used to do so should accordingly be carefully considered and implemented. An early step in the process should be to obtain appropriate confidentiality agreements from...more

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

by Dorsey & Whitney LLP on

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

by Ward and Smith, P.A. on

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

The PFIC Regulations Get a Facelift

by Alston & Bird on

On December 28, 2016, the Treasury issued final regulations (T.D. 9806) that primarily address passive foreign investment company (PFIC) ownership and reporting rules and largely adopt 2013 proposed (REG-140974-11) and...more

Year In Review: Top Five Biosimilars Deals of 2016

by Goodwin on

After another milestone year, here are our picks for the top-five biggest deals in the world of biosimilars in 2016: As we reported in January 2016, Mylan N.V. and Momenta Pharmaceuticals, Inc. entered into an...more

Mergers & Acquisitions: Trends to Watch in 2017

Canadian M&A activity rose once again in 2016, surpassing a record-breaking 2015 to become the most active year in Canadian deal-making history. In terms of deal value, 2016 will be second only to the peak of 2007....more

IP Licenses & Bankruptcy (Part 2 – Seismic Data)

by Field Law on

What happens to a license for seismic data when the licensee suffers a bankruptcy event? In Part 1, we looked at a case of bankruptcy of the IP owner. However, what about the case where the licensee is bankrupt? In...more

Diamonds Are Forever, but Joint Ventures Are Not: Court Finds Claims Preempted by CUTSA in Business Deal Gone Bad

The holiday season is officially upon us: peppermint mochas have popped up on coffee shop menus, carols ring from department store speakers, and you can’t turn on the television without seeing at least three diamond...more

IP Licenses & Bankruptcy Laws (Part 1)

by Field Law on

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

IP holding companies offer potential added protection benefits

by McAfee & Taft on

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

Terms And Conditions For Your App: 6 Key Considerations

by Morrison & Foerster LLP on

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

India and Singapore Sign MoU on Industrial Property Cooperation

by Morgan Lewis on

The countries seek to facilitate bilateral cooperation and exchanges that encourage innovation. In a first of its kind for India and Singapore, the two countries have entered into a bilateral memorandum of...more

Make sure you get what you pay for with Independent Contractors: Pitfalls of a “Work Made for Hire” Agreement

by Bryan Cave on

As the owner or manager of a newly minted business, you are likely inclined to engage independent contractors to design your web site, create your marketing materials and perhaps even provide services to your clients....more

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