News & Analysis as of

Transfer of Rights

Proskauer Rose LLP

Bankruptcy Court Frowns on SmileDirect’s Dismissal Request

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There is a growing trend of bankruptcy courts approving structured dismissals of chapter 11 cases following a successful sale of a debtor’s assets under section 363 of the Bankruptcy Code. A structured dismissal is a...more

International Lawyers Network

Buying and Selling Real Estate in Ukraine (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER UKRAINIAN LAW - І. Types and specifics of real estate in Ukraine - The main types of real estate in Ukraine are the following: • plots of land; • other objects...more

Vondran Legal

Make sure the is proper STANDING for a federal copyright infringement action

Vondran Legal on

In every court case, a Plaintiff is required to establish that they are the "real party in interest" that suffered a "discrete and concrete injury." In a copyright case, this can get complicated with all the photo agency...more

International Lawyers Network

Buying and Selling Real Estate in Ukraine (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER UKRAINIAN LAW - І. Types and specifics of real estate in Ukraine - The main types of real estate in Ukraine are the following: • plots of land; • other objects that...more

Erise IP

Trademarks in M&A Due Diligence

Erise IP on

In a complex merger or acquisition, there are many moving parts. Due diligence of trademark registrations can get lost in the shuffle. But thorough review of brand assets can help avoid pitfalls and maximize the investment. ...more

Bradley Arant Boult Cummings LLP

Beware the Empty Chair in Marital Divorce Negotiations: Company Ownership Issues Should Be Considered in Divorce Settlements

Divorcing spouses often have a number of business issues to resolve, but one key aspect that is often overlooked takes place when divorce settlements involve the division of an ownership interest in a private company. ...more

Conyers

Going it Alone

Conyers on

On 12 November 2021, the Supreme Court of Bermuda issued its written judgment in NKWE Platinum Limited v (1) Glendina Pty Limited and Ors (2) Genorah Resources (Pty) Limited. The Court’s ruling both provides helpful...more

International Lawyers Network

Buying and Selling Real Estate in Ukraine

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER UKRAINIAN LAW - І. Types and specifics of real estate in Ukraine - The main types of real estate in Ukraine are the following: - land plots; - other objects that cannot be...more

Proskauer - California Employment Law

California Court of Appeal Publishes Opinion Upholding Customer Non-Solicitation Covenant

Despite California’s general hostility towards post-termination restrictive covenants, the California Court of Appeal, in a recently published opinion, Blue Mountain Enters., LLC v. Owen, 74 Cal.App.5th 537 (1st Dist. Jan....more

Sunstein LLP

Will NFTs revolutionize patent law?

Sunstein LLP on

NFTs continue to make waves, even as there is much speculation about their long-term future. As we have previously written, non-fungible tokens, or NFTs, present novel challenges and opportunities for intellectual property...more

Barnea Jaffa Lande & Co.

Things to Consider before Purchasing Rights in Agricultural Land

Opportunities to purchase rights in agricultural land that may be rezoned to residential are often presented to the public. Indeed, the purchase of such agricultural land may prove to be of great potential. However, there are...more

McDonnell Boehnen Hulbert & Berghoff LLP

Immunex Corp. v. Sandoz Inc. (Fed. Cir. 2020)

The Federal Circuit held recently that the "all substantive rights" test, used heretofore to determine the identity of the "patentee" for purposes of satisfying 35 U.S.C. § 281, should be the standard for determining common...more

Gray Reed

Strip and Gore Doctrine: Infinity War

Gray Reed on

Yet another entry in the Strip and Gore universe (2012’s “Beware of Strips and Gores”, and 2019’s “Strip and Gore 2: The Sequel”) comes to us from Fort Worth Court of Appeals: Richard D. Crawford v. XTO Energy, Inc....more

K&L Gates LLP

K&L Gates Triage: Five Key Questions for Academic Medical Centers About Patent Ownership and Enforcement

K&L Gates LLP on

On this week’s episode, George Summerfield and Kelly Plummer explore five key questions academic medical centers often face with respect to patent ownership and enforcement. Their discussion covers a number of issues,...more

Akin Gump Strauss Hauer & Feld LLP

District Court Must Consider Joining Patent Owner Prior to Dismissal Where Licensee Lacks Substantial Rights to Bring Suit, but...

The Federal Circuit vacated and remanded a decision by the District Court for the Northern District of California when it failed to consider joining the patent owner before dismissing a case in which the licensee possessed...more

Hogan Lovells

German withholding taxes in “total buy-out” IP agreements

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In a recently published decision, the German Federal Tax Court (Bundesfinanzhof, BFH) clarified for the first time that a remuneration for the complete transfer of rights in the context of a “total buy out” against a one-off...more

McDermott Will & Emery

Grill Trademark Dispute Is Overdone, but Contract Battle Sizzles On

Addressing—for the second time—the ownership of certain trademarks after sale of the relevant business, the US Court of Appeals for the Fifth Circuit concluded that the trademarks and goodwill associated with a single...more

Knobbe Martens

Rule 19 Joinder Provisions Are Not Optional

Knobbe Martens on

LONE STAR SILICON INNOVATIONS v. NANYA TECHNOLOGY CORPORATION - Before O’Malley, Reyna, Chen. Appeal from the Northern District of California. Summary: When a patent assignee does not acquire all substantial rights in...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - June 2019

PATENT CASE OF THE WEEK - Lone Star Silicon Innovations LLC v. Nanya Technology Corporation, Appeal No. 2018-1581, -1582 (Fed. Cir. May 30, 2019) - In the only precedential patent case this week, the Federal Circuit...more

Patton Sullivan Brodehl LLP

Conversion to an LLC from Another Entity — What Rights and Liabilities Change?

Not much, really. While the entity’s form and structure morph to an LLC, the rights and liabilities of the entity are generally unaffected. Under California’s statutes governing the conversion of an entity to an LLC...more

Farrell Fritz, P.C.

The Town of Riverhead’s Rural Preservation Efforts Encounter the Special Facts Exception and Section 239-m

Farrell Fritz, P.C. on

Last month, the Appellate Division, Second Department, issued four decisions in a series of hybrid proceedings challenging local laws in the Town of Riverhead (“Riverhead”)....more

Patterson Belknap Webb & Tyler LLP

Delaware District Court Dismisses Appeal by Creditors’ Committee After Case is Converted from Chapter 11 to Chapter 7

The Bankruptcy Code provides for the appointment of a creditors’ committee in chapter 11 bankruptcy cases. See 11 U.S.C. § 1102. There is no parallel provision applicable to chapter 7 cases. When a bankruptcy case is...more

Gray Reed

An “Appendage” Determines a Louisiana Royalty Dispute

Gray Reed on

In Glassell Producing Company v. Naquin, the question was: Did a conveyance among siblings create a real right in property, or was it an appendage of a lease that ceased to burden the property once that lease was...more

Bilzin Sumberg

Time to Rehab the Aging Condominium Concept - Fixing Problems Uncovered By The Great Recession

Bilzin Sumberg on

The condominium concept in the United States is now over 55 years of age. Many of the early condominium projects are old and in need of rehabilitation or cannot economically be rehabilitated and are candidates for demolition...more

Best Best & Krieger LLP

Ninth Circuit Requires Evidence of No Injury, Recognizes Forfeiture of Pre-1919 Arizona Water Rights

A recent ruling from the U.S. Ninth Circuit Court of Appeals underscores the importance of beneficially using water, as currently recognized in California, to maintain state water rights. On June 13, a three-judge panel...more

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