News & Analysis as of

Foreign Corporations Intellectual Property Protection

K&L Gates LLP

Doing Business in Australia

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Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been...more

Arnall Golden Gregory LLP

AGG Talks: Cross-Border Business - How Foreign Companies Can Protect Their IP and Brand in the U.S.

In this episode, Mike Burke, AGG Corporate partner and co-leader of the firm’s International Initiative, is joined by Anuj Desai, AGG Intellectual Property partner and head of Trademarks, to discuss the steps non-U.S....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2023

Thank you for reading the June 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we begin a three-part series that closely examines ways to lose trademark rights; share an article that examines the...more

Irwin IP LLP

Can You Sell a Patented Method? Perhaps… But Not Today

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F45 Training Pty Ltd. v. Body Fit Training USA Inc., 2022 WL 17177621 (D. Del. Nov. 17, 2022) - On November 17, 2022, the District of Delaware adjudicated a perfect storm of international patent enforcement: a method claim...more

Fenwick & West LLP

Can you Prepay a Section 367(d) Royalty? IRS Says No (This Time)

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Taxpayers with royalties owing from a foreign affiliate may wish to negotiate a prepayment of the future royalty stream for a lump sum price. This could include accelerating foreign source income or repatriating cash from a...more

ArentFox Schiff

Global Patenting Trends: Rise of China

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China’s rise as an economic superpower has been driven by the rapid pace of technological innovation, as evidenced by the recent surge in Chinese patent filings, patent grants, and patent enforcement actions. In large part,...more

McDermott Will & Emery

[Event] 8th McDermott International Seminars - January 21st & 22nd, Japan

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On January 21 and 22, 2020, we will be hosting our 8th McDermott International Seminars in Osaka and Tokyo respectively. These seminars will focus on cross-border M&A, GDPR, intellectual property, global enforcements and...more

Mintz - Intellectual Property Viewpoints

The Tall Tale of the Domestic Industry

There is a common misconception the domestic industry economic prong requirement is insurmountable and an unknowable factor in a patent infringement action at the International Trade Commission (“ITC” or “Commission”),...more

Mintz - Intellectual Property Viewpoints

Northern District of California Holds That Patent Suit Against Only Foreign Entities Is Permissible Even Where Inclusion of...

A recent order from the Northern District of California in AU Optronics Corporation America v. Vista Peak Ventures, LLC, 4:18-cv-04638 (CAND 2019-02-19) (“AU Optronics”), provides further guidance for patent venue analysis...more

Verrill

Pursuing Business in China? Continue to Proceed with Caution

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In the continuous “chess game” between China and the United States regarding matters of trade, President Xi Jinping has made the latest move allowing intellectual property (“IP”) rights cases to be taken to China’s Supreme...more

Sullivan & Worcester

The Death and Resurrection of the JV — The Ten Commandments for Foreign Companies who Enter Joint Ventures in China

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In recent years, more and more Chinese investors are presenting international companies with the option to form JV's in China. ZAG-S&W has recently assisted many Israeli and international companies in advising and supporting...more

Hogan Lovells

Japan: Nikkei interviews Theodore Essex – ITC puts weight on the actual situation of patentees

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Last month, Nikkei interviewed Senior Counsel Theodore (Ted) Essex on the importance of The United States International Trade Commission (“ITC”) for Japanese companies....more

Harris Beach PLLC

Legal Guide for U.S. Foreign Investments

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Establishing a business in the U.S. by a foreign corporation can be a fairly smooth operation with the right guidance and support. There are steps to take in forming, operating and growing a business in the U.S. in addition...more

Foley & Lardner LLP

Federal Circuit Clarifies Venue Rule for Foreign Defendants Post-TC Heartland

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The Federal Circuit today in In re HTC Corp., Misc. 2018-130 (May 5, 2018), followed the holding of the Supreme Court in Brunette Machine Works, Ltd. v. Kockum Industries, Inc., 406 U.S. 706 (1972), that venue is proper as to...more

Verrill

Foreign Companies Pursuing Business in China: Proceed with Caution

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The trade relationship between the United States and China is top of mind for many business owners, especially within the technology sector. Recently, Chinese President Xi Jinping denied the U.S. Government’s request to end...more

Foley & Lardner LLP

Unique Venue and Personal Jurisdiction Challenges of Foreign Corporations

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In 2017, the Supreme Court rejected the Federal Circuit’s longstanding interpretation of Personal Jurisdiction and Venue in patent infringement actions against domestic companies. 28 U.S.C. §§ 1391, 1400; see TC Heartland LLC...more

Hogan Lovells

Hague Judgments Convention: IP judgments still hang in the balance

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Last month the November 2017 draft Hague Judgments Convention was published by the Hague Conference Special Commission following the third meeting of the Special Commission in the Hague between the 13th and 17th of November....more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2017

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Reducing Cybersecurity Risks to Autonomous Vehicles - The Department of Transportation is revising autonomous vehicle guidelines it issued in September 2016. Recent comments by Secretary Elaine Chao suggest that the new...more

Carlton Fields

Rules of the (International) Road, Brexit, PPP as a New Tool for Argentina, and Keeping Non-U.S. Companies Safe from Suit (Expect...

Carlton Fields on

- Post-Daimler: Are Non-U.S. Companies Safe from Suit in U.S. Courts? What if the Non-U.S. Parent Registers to Do Business in a State? - Rules of the (International) Road: Choosing and Appointing a Distributor ...more

Mintz

(Trade)Marking Your Territory in the US: A Guide for Non-US Companies

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Trademark rights exist on a country-by-country basis, and the laws in the United States differ in a number of significant ways from other markets. As a result, it is critical that before any non-U.S. company seeks trademark...more

Orrick - Trade Secrets Group

Litigate Trade Secret Misappropriation Disputes in Chinese Courts

How can trade secret misappropriation disputes be litigated in Chinese courts, despite the system’s lack of US-style discovery tools? Many companies, especially foreign companies, might be hesitant to even think about...more

Troutman Pepper

A Look at Tax Issues of the Life Sciences and Tech Industries

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Wolters Kluwer had the opportunity this past week to sit down with Pepper Hamilton LLP partners Todd Reinstein, Washington, D.C., and Joan Arnold, Philadelphia, to discuss current tax issues particularly relevant to the life...more

McDermott Will & Emery

Motion to Quash Service Is Not a Collateral Order and Therefore Not Appealable - United States v. Sinovel Wind Grp. Co.

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The U.S. Court of Appeals for the Seventh Circuit concluded that the district court’s denial of defendant Sinovel’s motion to quash service of process is not an appealable order under the collateral order doctrine. The Court...more

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