News & Analysis as of

Copyright Patents

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.

Joint IP Ownership Rights

New ideas, creations, and business ventures are often the product of collaboration. If lawyers had their way, a written agreement would precede every creative collaboration. Of course, this is not the case. Collaborators...more

4 Key Takeaways: Consulting Agreements – Who Owns the IP?

Silicon Valley-based Kilpatrick Townsend Counsel Alan Dow focuses his practice on patent prosecution, acquisition and counseling, and on intellectual property and commercial transactions. Mr. Dow recently presented on...more

Brexit - Legal Implications

by McDermott Will & Emery on

In our latest memorandum, we have briefly outlined some of the main legal implications of Brexit according to different models, including the EEA model. In light of recent comments made by Theresa May, it is unlikely that...more

Intangible Risky Business

by Ward and Smith, P.A. on

The national, and many times global, reach of most businesses, regardless of size and physical location, continues to drive the ever increasing importance and value of intangible assets. In fact, a business's intellectual...more

Intellectual Property Primer for Startups

by Revision Legal on

Many startup companies do not realize that their intellectual property (IP) rights are often their most valuable asset. Few startups have portfolios of real property or vast quantities of retail inventory and other physical...more

Intellectual Property and Business: Part 2

by Barley Snyder on

(NOTE: This is part 2 of 4 in a series of alerts linking intellectual property and economic strategy. You can read part 1 here. Check back each week for a new installment.) Monitoring and Identifying Existing and New...more

Cannabis Industry FAQ

by Pepper Hamilton LLP on

Can marijuana businesses receive federal copyright protection? Yes. The requirements for registration with the U.S. Copyright Office are that the work is original, creative and fixed in some form of expression. These...more

Intellectual Property Law - July 2017

SCOTUS: For Patent Venue, Domestic Corporations ‘Reside’ Where Incorporated - Why it matters: On May 22, 2017, the Supreme Court issued its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC—rejecting...more

Default Determination Highlights The Importance Of Alleging Every Element

by Jones Day on

A recent ITC decision, stemming from a default initial determination, underscores the importance of alleging every element in a complaint. 19 U.S.C. § 1337(g)(l) provides that the Commission, when making a determination on...more

Sweet as Candy? Sugarfina takes Competitor to Court

by Robins Kaplan LLP on

On June 15th, Sugarfina Inc. (“Sugarfina”), a gourmet candy boutique, sued one of its competitors, Sweet Pete’s LLC (“Sweet Pete’s”), accusing Sweet Pete’s of trade dress, copyright, trademark, and patent infringement, as...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 15, Issue 2

Preparing patent applications for examination at the United States Patent and Trademark Office (USPTO) requires proficient writing, detailed knowledge of the requirements of the Patent Act, and technical acumen. Once a patent...more

Tips to Set Your Business up for Successful IP Litigation

by Bennett Jones LLP on

Delay in asserting IP rights can be detrimental to obtaining quick injunctive relief, and evidentiary gaps can make your case a non-starter. It is therefore important for a business to be prepared to advance claims against...more

Top Ten Urban Legends of Intellectual Property

1. Poor Man’s patent/copyright: mail yourself a copy of what you want protected and don’t open it.The sealed information can then be used to prove ownership of the intellectual property contained in it. While this may...more

Why Should Startups Care About Intellectual Property?

by Varnum LLP on

Sales…marketing…revenue…getting more customers…growing my company – these are all at the top of the mind of startups and early stage companies and rightfully so, because without revenue, there will be no company. However,...more

How Intellectual Property Rights Shape Neuropsychological Demand for Orange Flavors

Oranges possess a special cachet in the American dream. Growing up in the baby-boomer era meant that you heard—“breakfast without orange juice is like a day without sunshine”—thousands of times while watching rerun episodes...more

Intellectual Property and E-commerce Shops

by Revision Legal on

If you’re the owner of an e-commerce shop, you deal with intellectual property everyday. Intellectual property refers to the creations of the human mind. This includes symbols, images, names, inventions, and literary and...more

The World In U.S. Courts - Spring 2017

Cases discussed in this issue - Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/Act of State Doctrine - Court of Appeals Considers US...more

Managing an Intellectual Property Portfolio

by Revision Legal on

One of the most useful and valuable assets a company can possess are intellectual property (IP) rights. IP rights are intangible assets that can be leveraged just like physical assets because they have value. IP rights take...more

Intellectual Property Strategies for Startups

by Revision Legal on

One of the toughest things about being a new and struggling startup is that funds can be incredibly limited, so you have to carefully assess how to use the precious resources you have most effectively...more

How Does the Supreme Court’s Recent Ruling on Incontinence Products Spill Over into Fashion?

by Knobbe Martens on

On March 21, 2017 the Supreme Court issued a monumental holding removing the availability of laches as a defense in a claim for damages under patent infringement. The case changes decades of legal precedent, and adopts...more

Glimmers of Justice Gorsuch’s Prospective IP Jurisprudence

by Snell & Wilmer on

On April 10, 2017, Neil Gorsuch was sworn in as the 113th justice of the Supreme Court, filling the vacancy left by Justice Antonin Scalia. While on the Tenth Circuit, Justice Gorsuch wrote opinions on complex trade secret,...more

MoFo IP Newsletter - April 2017

by Morrison & Foerster LLP on

Supreme Court Restricts the Extraterritorial Reach of U.S. Patent Law for Exported Goods - On February 22, 2017, the Supreme Court in a landmark decision held that the supply of a single component of a multicomponent...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

Proposed tax changes in Australia a win for IP owners

by DLA Piper on

On 30 March 2017, the Federal Government released the Treasury Laws Amendment (2017 Enterprise Incentives No 1) Bill 2017. The Bill contains a number of significant changes to the tax depreciation of intangible assets....more

A Big Week for Intellectual Property: Supreme Court Decides Patent and Copyright Cases

Last week, the U.S. Supreme Court issued two opinions on intellectual property issues. On March 21, 2017, the Court decided in a 7-1 opinion that laches is no longer a valid defense to a claim of patent infringement occurring...more

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