Intellectual Property Finance & Banking

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Commercial Restructuring & Bankruptcy Alert - May 2015

In this issue: - How Safe are the Bankruptcy Code Safe Harbors? - Stockton’s Chapter 9 Plan Approval - Delaware Chancery Court Clarifies Fiduciary Duties of Insolvent Corporation Directors in Derivative...more

VC’s running scared – Hooli is suing Pied Piper (Episodes 9 and 10) continued

Last post I mused that had Richard taken certain steps in the first season of Silicon Valley, he might now have ammunition to use against Hooli’s lawsuit. What am I talking about? To very crudely recap what happened last...more

Payment Information Does Not Necessarily Make a CBM - SEGA of Am., Inc. v. Uniloc USA, Inc

Addressing the issue of what qualifies as a covered business method (CBM) under the America Invents Act (AIA), the U.S. Patent and Trademark Office’s (PTO’s) Patent Trial and Appeal Board (PTAB or Board) denied institution of...more

Financial Product or Service Is Not Just for Financial Service Industry - Samsung Electronics v. Smartflash LLC; Motorola Mobility...

Addressing the requirements for instituting a covered business method (CBM) review in three decisions, the U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board (PTAB or Board) explained that the “financial...more

Analysis of Inter Partes Review and Post-Grant Review in the Life Sciences Industry Through First Quarter 2015

The recently established inter partes review (IPR) and post-grant review (PGR) of the America Invents Act have been in the spotlight lately, especially now that the life sciences industry has begun to utilize these...more

Corporate E-Note - April 2015

In This Issue: - State Regulatory Boards Are Open to Antitrust Liability, Says the Supreme Court - USPTO Issues Patent Eligibility Guidelines…So Now What? - Bond Financing: The Best-Kept Secret For...more

It's Time to Register .Bank Domains

Beginning in May, banks will be able to register domain names with ".bank" extensions, such as "xyzbank.bank." The “.bank” domains will have enhanced security requirements and may only be registered by verified members...more

Structure your start-up for fundraising success - Part Three: Protect your intellectual property

If you’ve determined that your new venture is going to require outside investment, there are a number of things you can do to make your company more attractive to investors. ...more

Intellectual Property: Crowdfunding and Confidentiality for Tech Start-Ups

I recently attended Launch Festival 2015 in San Francisco and Angel Launch’s LaunchFEST Mixer: Doing Deals with Silicon Valley—Attracting Funding, Angels, and Tech Trends in downtown Los Angeles. The events were very...more

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

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

Balancing the Budget …and Balancing Copyright

The Government of Canada’s Budget Plan for 2015 proposes various measures within the expected areas of tax relief, job creation and economic growth measures.  It also includes a very unexpected proposal to extend the...more

Intellectual property rights under German insolvency law

German insolvency case law on intellectual property rights has experienced rapid development in recent years, while attempts by the German legislature to regulate this subject with precision have repeatedly failed. The...more

Trademarks in Cuba, Successful Whistleblowers, Big Data, Health Care Encryption, Jury Instruction Tips [Expect Focus – Vol. 1,...

IN THE SPOTLIGHT · Is your Company Ready to Comply with Encryption of Individually Identifiable Health Information? LIFE INSURANCE · STOLI Schemers Must Make Good on Damages Caused · At the State Level, Is a Fixed-Index...more

Banks Take Notice: The Sunrise Period for .bank Registrations is Coming Soon

The sunrise period for .bank is currently scheduled to take place between May 18 and June 16, 2015. Only trademark holders who have obtained verification of their bank’s trademarks with the Trademark Clearinghouse (TMCH) may...more

Trademark/Copyright Litigation Update - March 2015

Supreme Court Confirms Jury Role in Trademark “Tacking.” Issuing its first substantive trademark decision in a decade, the Supreme Court unanimously held in January 2015 that the question of whether two trademarks are legal...more

The Italian IP Box – the final version converted into Law

On 24 March 2015 the Investment Compact Decree (published on January 2015) was finally converted into law, with a number of modifications to the Italian patent box (IP Box) approved at the end of last year. ...more

Claims Must Be Limited to Financial Activities to Be Covered Business Methods - Salesforce.com, Inc. v. Applications in Internet...

Narrowing the application of covered business method (CBM) patent review, in two recent cases, the Patent Trial and Appeal Board (PTAB or Board) concluded that patents whose claims may apply to industries other than the...more

Bernstein Shur Business and Commercial Litigation Newsletter #50

We are pleased to present the 50th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address waiver of appeal rights, Constitutional standing, and the...more

China’s New Cybersecurity Policies: Is the Price of Compliance Worth the Risk of Disclosure?

Tensions recently escalated in the United States and China’s ongoing exchange over online security and technology policies, as China adopted the first in a series of policies it previously approved at the end of last year. ...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

Don’t Lose Out on Your .BANK Domain Name

In just a few months, perhaps as early as mid-May, the new .BANK generic Top Level Domain will become available to banks around the world. The new domain promises to be more secure than the traditional .COM, with enhanced...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

New ‘.bank’ domain available in mid-2015

New opportunities for the banking community are coming this year. In the fall of 2014, the Internet Corporation for Assigned Names and Numbers (ICANN), the entity responsible for coordinating internet domain names, granted...more

Security Interests in Intellectual Property

As collateral for a loan, lenders are accustomed to obtaining a security interest in the property of the borrower. Such property usually includes tangible assets of the borrower such as real estate, machinery and other...more

Polsinelli Podcasts - Hedge Funds Now Using IPR Challenges [Video]

The patent world is watching to see the ramifications of a recent patent challenge that observers are calling the first of a kind. It involves a recently filed IPR Petition by a Hedge fund. How might this impact the stock...more

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