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Intellectual Property General Business Mergers & Acquisitions

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

IP in the mix: M&A Year in Review - 2016

by Hogan Lovells on

Around the globe and across a wide variety of industry sectors, our IP practice collaborated with our corporate and other practice areas of our firm to provide integrated legal services for our clients and friends on...more

Tokyo Dispute Resolution & Crisis Management Newsletter – January 2017

by King & Spalding on

Managing Risks in Acquisitions from Financially Challenged Sellers in the Resources & Energy Sector - Low Commodity Prices - After a decade long boom in the resources and energy sector, prices across almost all...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

Four T’s at Four: What Breweries Need to Know About Their IP Before They Consider an Exit

by Winthrop & Weinstine, P.A. on

“Forties at 4” was a time-honored Friday tradition among my engineering classmates in college. After our last class, several of them would purchase Miller (if we could find it in a 40 oz) or Old English or some other malt...more

Non-Compete Agreements may be Transferred and Enforced by the Successor Employer Following an Asset Purchase Sale

by Franczek Radelet P.C. on

The Eighth Circuit Court of Appeals recently held that non-compete agreements may be transferred to a successor employer through an asset sale and enforced by that successor employer against the employees who previously...more

"Brexit Bites": Intellectual Property

by K&L Gates LLP on

This is the fifth in our series of "Brexit Bites" which focuses on Intellectual Property. A Brexit would in all likelihood have a significant impact upon intellectual property legislation, much of which derives from...more

Having The “Are You Operating an (Illegal) Franchise System Without Knowing It?” Conversation

by K&L Gates LLP on

Franchising laws are very broad in scope and may inadvertently encroach upon standard licensing or distribution agreements. The repercussions for operating an illegal (or more likely inadvertent) franchise system can be very...more

FCPA Compliance and Ethics Report-Episode 239-Jonathan Armstrong on EU Privacy Shield

by Thomas Fox on

In this episode, I visit with EU privacy expert Jonathan Armstrong on the negotiations culminating in the EU Privacy Shield to replace the former Safe Harbor provision. ...more

Put Down That Hammer: Four Times When a DIY Approach Is Guaranteed To Backfire

by WilmerHale on

As a founder, you need to be scrappy, take care of that bottom-line. We get that, we’re all for a DIY approach when it makes sense (psst we even help you do that through our very free document generator). ...more

City Fitness Attempts to Exercise Service Mark Rights

In a decision dismissing plaintiffs’ claims of service mark infringement, the District of Massachusetts held that the plaintiffs’ transfer of “goodwill” in an asset purchase agreement also transferred plaintiffs’ rights to...more

GUEST POST: David Lisch on the Basics of Intellectual Property Law for Start-Ups (Part 1)

by Gray Reed & McGraw on

At one point or another, all companies will be faced with the decision if, and how much, to invest in intellectual property protection. Let’s start with trademarks. A trademark is a word, phrase, symbol, and/or design...more

You Sold Your Startup (and Maybe Your Soul): How to Leave Your Company

by Varnum LLP on

A few years ago, a client sold his small startup company to a competitor. In return, the acquiring company gave him some cash, stock options, and an executive-level job. After faithfully serving his new corporate overlord for...more

Alert: Top 10 Antitrust Developments and Trends to Watch in 2016

by Cooley LLP on

Attention in the US during 2016 will be on the presidential campaign, and the election in November will bring a change in the "antitrust guard" at the top of the DOJ and FTC – even if a Democrat wins – that will drive the...more

Sublicensee’s Purchase of Licensee Not Prohibited under the License Agreement - VDF FutureCeuticals, Inc. v. Stiefel Labs., Inc.

by McDermott Will & Emery on

The U.S. Court of Appeals for the Seventh Circuit ruled that a sublicensee of patent and trademark rights that purchased its sublicensor in order to reduce the royalties it owned to the licensor was not prohibited from buying...more

FCPA Compliance and Ethics Report-Episode 184-Marc Bohn on the Mead Johnson FCPA Enforcement Action

by Thomas Fox on

In this episode I visit with Marc Bohn, Counsel with Miller & Chevalier. We discuss the Mead Johnson FCPA enforcement action; its implications for companies and lessons learned for the compliance practitioner. ...more

FCPA Compliance and Ethics Report-Episode 182-Kate Atkinson on the Miller Chevalier Summer 2015 FCPA Report

by Thomas Fox on

In this episode I visit with Kate Atkinson, a partner at Miller Chevalier. She discusses the firm's recent FCPA Summer Report, noting some trends she sees and where enforcement may be heading. We also visit about the DOJ...more

Trademark due diligence in M&A: The steps everyone overlooks

by Kirton McConkie PC on

These 13 straightforward pointers can guide your due diligence in relation to trademarks - Lists of assets are a key part of merger and acquisition transactions. When those assets include patents, the transaction...more

Expanded HSR Antitrust Reporting for Pharma Licensing Deals Is Here to Stay

by Proskauer Rose LLP on

On June 9, 2015, the U.S. Court of Appeals for the D.C. Circuit, in its ruling in Pharm. Research & Mfrs. of Am. v. FTC, upheld the FTC's expansion of HSR reporting requirements for pharmaceutical companies, and solidified...more

Your Drug Patent Rights Transfer May Be Reportable, Court of Appeals Confirms

by Faegre Baker Daniels on

On Nov. 6, 2013, the Federal Trade Commission (FTC or Commission) modified its Hart-Scott-Rodino Act (HSR) rules to clarify that transfers of patent rights within the pharmaceutical industry constitute potentially reportable...more

Eighth Circuit Says Focus is on the Intent of the Debtor in Fraudulent Transfer Law, Does Not Address Ponzi Scheme Presumption

by Stinson Leonard Street on

This case is the product of yet another dispute in the extensive, multi-billion dollar fraud perpetrated by Tom Petters. In 2005, as the sole board member of Petters Group Worldwide, LLC (“PGW”), Petters directed the...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

Nothin’ from Nothin’ Leaves Nothin’

by McDermott Will & Emery on

Axiom Worldwide Inc. v. Excite Medical Corp. et al. - The U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s $1.32 million judgment in favor of a medical device maker, ruling that it never owned...more

FCPA Compliance and Ethics Report-Episode 115-Tom Fox and Matt Kelly on COSO, Bruker Corp, Dallas Airmotive and Alstom

by Thomas Fox on

In this episode Compliance Week editor Matt Kelly and I discuss the COSO 2013 Framework implementation and its changes from the prior Framework. We also discuss the recent Bruker Corp & Dallas Airmotive FCPA enforcement...more

Antitrust-Related Recent Developments: DOJ settles gun-jumping case, FTC issues fines for failure to submit HSR filing and FTC...

DOJ fines particleboard manufacturers $4.95 million for gun-jumping violations - On Friday, November 7, 2014, two companies agreed to pay $4.95 million to settle U.S. Department of Justice (DOJ) allegations that the...more

PTAB - Trulia and Zillow possible merger is not a sufficient basis for extending the 12 month period to complete the trial

In Trulia, Inc. v. Zillow, Inc., Trulia filed a petition seeking covered business method review of U.S. Patent No. 7,970,674 relating to automatically determining a current value for a real estate property. CBM2013-00056. On...more

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