Intellectual Property General Business

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

A Case Study: How the Record Breaking Antitrust Penalty Against Qualcomm Transforms the Landscape of SEPs Licensing in China

The PRC National Development and Reform Commission (NDRC) finally concluded its antitrust investigations against Qualcomm and issued an administrative sanction on February 10, 2015, putting an end to the 16-month...more

Free and open source compliance: action steps

Versata Software, Inc. learned the high cost of failing to manage the use of free and open source software (FOSS) in its proprietary DCM software: its routine attempt to terminate a license for its DCM software exploded into...more

Falling prices at the pump put a premium on energy IP

Crude oil prices, which have declined over 60 percent in the past six months, are at recent record lows. The impact of the price decline is being felt throughout the energy sector. Commentators agree that with few exceptions,...more

Supreme Court to Hear Argument on March 31 Whether to Overrule Brulotte v. Thys, Co.

Fifty years ago, the Supreme Court held in Brulotte v. Thys Co., 379 U.S. 29 (1964) that a license agreement requiring royalty payments for use of a patented invention after expiration of the patent term is unlawful per se. ...more

Court Strikes Expert Opinions, No Punishment Intended

Order Granting Takeda’s Motion to Strike, Takeda Pharmaceutical Co. LTD., et al., v. TWi Pharmaceuticals, Inc., Case No. 13-cv-02420-LHK (Judge Lucy H. Koh) - The Northern District Patent Local Rules are specifically...more

Protecting food industry innovations as the scope of patentable subject matter narrows

Strong intellectual property increases the value of a company. Copyrights, trademarks, patents, and trade secrets are some avenues to protect intellectual property, but understanding when they’re available and understanding...more

Employee Handbooks Should Be Reviewed in Light of NLRB Report

Your employee handbook may be unlawful. That’s the takeaway from a 30-page report issued by the National Labor Relations Board’s Office of the General Counsel on March 18, 2015....more

IP Newsflash - March 2015 #3

FEDERAL CIRCUIT CASES - Federal Circuit Reverses $61 Million Judgment Based on Erroneous Claim Construction - Despite the Supreme Court’s recent Teva v. Sandoz decision that factual findings by a district court...more

“March Madness”: Protect Your Business From The NCAA

The NCAA Tournament is here, and many local businesses will want to capitalize on this exciting time for basketball fans by using the well known “March Madness” slogan to advertise March specials. Think twice before your...more

Website Terms of Use. You Need Them. Here's Why...

Terms of Use (TOU) are, in effect, a contract between the users and the provider of a website. In the “olden” days (like 1992!), when websites were static and information was simply transmitted from the provider to the user,...more

New Canadian Law Strengthens Plant Breeders’ Rights

In Canada, plant breeders’ rights are a form of intellectual property under the Plant Breeders’ Rights Act of 1990. The intent of the 1990 act was to encourage plant breeding in Canada by strengthening the protections for new...more

Gotta Dance? Apparently Not -- A Biosimilar Update

United States District Judge Seeborg of the Northern District of California denied Amgen's motion for a preliminary injunction today in the Amgen v. Sandoz case, thereby paving the way for the marketing of the first...more

Locating Time Frames for the Hypothetical Negotiation

In determining a reasonable royalty for patent infringement damages, district courts often use the hypothetical negotiation analysis: that is, what is the royalty rate that the patent owner and the infringer would have agreed...more

Has the war on patent trolls caused collateral damage?

Much of the attention in patent law over the past five years has been on combatting the so-called patent troll — patent assertion entities whose only business is suing other businesses. Patent trolls were one of the major...more

Don't Get Burned by Unsolicited Ideas

The Company Perspective - Many companies are unsure what to do when receiving unsolicited suggestions from outside the Company. A sound intellectual property program will include a policy regarding the receipt of...more

Blog: Trump Card: Delaware Bankruptcy Court Deals Trademark Owner The Winning Hand Over A Debtor Licensee

Risky Business. When a debtor is a licensee under a trademark license agreement, does it risk losing those license rights when it files bankruptcy? The question had not been answered in a Delaware bankruptcy case until Judge...more

March Madness For INNOVATION

Following a nice evening out chatting with Kevin O’Keefe, it’s time for my favorite weekend of all – the NCAA tournament. Now this post isn’t necessarily about basketball, but rather rivalries. In particular, rivalries...more

Defining “Reasonable” in RAND: A Bit of Common Sense

What is RAND? It’s a simple question. Given the ubiquity of the term, one would think that the answer would be clear. After all, standard-setting organizations (“SSOs”) around the world require patent holders to declare their...more

Drafting a Better Nondisclosure Agreement to Keep the Secrets Secret

Recent changes in patent law that make business method and software patents more difficult to obtain and assert suggest diversifying intellectual property protection strategies that rely on these types of patents. If the...more

Update on Chapter 93A

Chapter 93A is the dominant law in Massachusetts governing business litigation. It applies to nearly all business disputes. The winning plaintiff under Chapter 93A is entitled to an automatic award of its attorney's fees, and...more

“We have an NDA, what do you mean our trade secrets are no longer protected?”

As we all know, companies enter into non-disclosure or confidentiality agreements in the normal course of business to protect their trade secrets and other confidential information. In addition, many technology and commercial...more

Federal Circuit Confirms That Advertising Your Services On A Website Is Not Use In Commerce

In Couture v. Playdom, Inc., the Federal Circuit held that the use of a mark on a website to offer services is not use in commerce sufficient to support an actual-use service mark application. As a result, the Court affirmed...more

Mississippi Supreme Court Limits Broker Liability Where Insured’s Conduct Is Uninsurable

When an insurance claim is denied, policyholders sometimes look to their broker as a potential source of recovery. Generally speaking, a broker owes its client the duty to procure the scope of coverage requested. When a...more

Start-Up Pack (Belgium)

In This Issue: - Welcome - An introduction to key legal documents for start-ups - Glossary of useful venture capital and company terms - A step-by-step guide to setting up a company in Belgium - A shareholders’...more

Solicitor General Argues that Antitrust Principles Do Not Warrant Overturning Brulotte

On Friday the Solicitor General filed an amicus brief in Kimble v. Marvel Enterprises. As we previously noted, in Kimble, the Supreme Court will consider whether to overturn Brulotte v. Thys Co., a 50-year-old precedent...more

2,335 Results
|
View per page
Page: of 94

Follow Intellectual Property Updates on: