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Intellectual Property Business Organization

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

Determining Venue for ANDAs Containing Paragraph IV Certification

by McDermott Will & Emery on

The US District Court for the Northern District of Texas found that venue was not proper under 28 USC § 1400(b) because Teva Pharmaceuticals USA did not commit any act of infringement in the Northern District of Texas, nor...more

Branding and Trademark Series: Building a Brand

The word “brand” has come to be used broadly as a business buzzword, and with good reason. A brand often is comprised of a company name or a product name - but it is much more than that. It is a projection and reflection of...more

Sharing Competitively Sensitive Information Can Pose Antitrust Risks

by Epstein Becker & Green on

The sharing of confidential and proprietary information among competitors and potential competitors (even during due diligence) can raise serious antitrust concerns. In particular, parties must avoid exchanging information...more

IP In The Boardroom: As Company IP Value Increases, So Do Related Risks

Although one might occasionally come across an article touching on intellectual property (IP) concerns in the corporate boardroom, not enough has been said on this topic. This article is the first in a series of articles that...more

In Case You Missed It: Launch Links - February, 2018 #3

by WilmerHale on

Some interesting links we found across the web this week: How to give your startup the right mission statement - Your company’s mission statement will help a successful pitch to investors. ...more

ALJ Denies Sanctions for Being Unsupported by Discovery Misconduct

by Jones Day on

In a recent order, Administrative Law Judge (“ALJ”) Shaw denied Complainants’ Paice LLC and the Abell Foundation, Inc. (“Paice”) motion for evidentiary sanctions against Respondent Ford Motor Company (“Ford”) for allegedly...more

First Circuit Holds Rejection of Trademark License Leaves Licensee With Only a Claim for Pre-petition Damages – No Right to...

The First Circuit in Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), recently held that the Debtor’s rejection of a trademark license left the licensee with only a...more

Airbus Pays €81 Million Fine to German Authorities for “Violation of Supervisory Duties”

by Morrison & Foerster LLP on

In one of Europe’s largest cross-border corruption investigations, involving multiple jurisdictions including Germany, the United Kingdom, France, and Austria, one chapter concluded at the end of last week: On February 9,...more

Recent Developments Determining Design Patent Damages

by JD Supra Perspectives on

Design patents have been a hot topic in the IP field because statutory law says that infringers must pay the total profits on an article of manufacture that infringes a protected design. The profit disgorgement and...more

‘Where’ Is Patent Infringement Committed, and What Could It Mean for Georgia-Based Companies Sued Outside of Georgia?

Is patent litigation coming home to Georgia? Last year the U.S. Supreme Court holding in TC Heartland v. Kraft Foods Grp. Brands significantly affected the law of venue jurisdiction under 28 U.S.C. § 1400(b) for patent...more

Sunbeams Don’t Shine on Trademark Licensees in First Circuit

by Fish & Richardson on

Every article, blog post, book chapter or court decision this blogger has ever read about Section 365(n) of the Bankruptcy Code and the treatment of trademark licenses thereunder has always been either dizzyingly abstruse,...more

Five Common Myths about Utility Patents for Start-ups

1. As a start-up, utility patents are not worth the investment. While it is true that utility patents are expensive — costing up to $25,000 and about $10,000 on average — not having patent protection can end up costing...more

Sessions's War on the Cole Memo and the New Frontier for the Canna-IP Industry

Since Attorney General Jeff Sessions was sworn in, the cannabis industry has been watching and waiting to see if he would indeed keep his word to crack down on state-legal cannabis businesses. On January 4, 2018, just four...more

What’s up with WHOIS? The GDPR May Limit or Prevent Access to Domain Name Registration Information

by Dorsey & Whitney LLP on

Domain name registrars and registries might soon be changing their mantra from, “I think ICANN,” to, “Maybe ICANN’T,” when it comes to providing publicly available WHOIS information for domain name registrants. New potential...more

FCPA Compliance Report-Episode 363, Convercent on 2017 Compliance Trends

by Thomas Fox on

In this episode, I visit with Keith Read and Angus Robertson, with Convercent, on some of the key trends they observed in the marketplace in 2017, from the vendor perspective. I found this an interesting perspective as both...more

Lower Courts Continue to Grapple with Venue in the Wake of In re Micron and In re Cray

Further to our ongoing coverage of the post-TC Heartland patent litigation landscape, a pair of recent and interesting cases from Texas and Delaware further evolved this important venue-related jurisprudence....more

The Digital Millennium Copyright Act (DMCA) Registration is due by December 31st, 2017

by Ervin Cohen & Jessup LLP on

The Digital Millennium Copyright Act (DMCA) is a safe harbor from copyright infringement liability for “online service providers.” An “online service providers” is a website that falls into one of the four following...more

Patents - The Multifunction IP Pocket Tools For Your Business

by SmithAmundsen LLC on

Business leaders curious about leveraging an intellectual property (IP) portfolio may think of patents as merely a single-purpose tool: a sword to keep others from using your patented idea. In reality, patents are like a...more

4 Top Takeaways: Recent Trends Involving Intellectual Property in Bankruptcy

Kilpatrick Townsend partner David Posner spoke at a recent New York State Bar Association event where he and other panelists discussed the topic “Around the Edges of IP: Complexities of IP in Bankruptcy.” Mr. Posner...more

If Your Company’s Websites or Blogs Host User-Generated Content, Please Read This Client Alert!

by Morrison & Foerster LLP on

In the classic rock song “Light My Fire,” ‘60s icon and the Doors’ lead singer Jim Morrison sang, “The time to hesitate is through.” If your company operates a website or blog that hosts user-generated content, and has yet...more

Copyright Liability Safe Harbor Treatment Requires Action by December 31, 2017 for Many

by Nutter McClennen & Fish LLP on

Website or information “service providers” who in the past have made hard-copy filings to designate agents to take advantage of the “safe harbor” liability shield provision under the Digital Millennium Copyright Act (DMCA)...more

Insight on Estate Planning - Year End 2017

In This Issue: - When should you turn down an inheritance? - Addressing intellectual property requires careful estate planning - Year end is an ideal time to review your estate plan - Estate planning pitfall: You’re...more

An EC Communication on SEPs – Not More Not Less

A summary of the European Commission’s Policy Document on standard essential patents (SEPs). After considerable preparations and consultation the European Commission has on 29 November 2017 issued a Communication “setting...more

The Latest Trends in Drug Monopolies

by Zelle LLP on

Brand-name pharmaceutical companies employ a variety of strategies to preserve and extend their branded drug products’ monopolies. Challenges by generic drug manufacturers and consumers to those efforts as allegedly...more

Federal Circuit Concludes that TC Heartland Was a Change in the Law, Reviving Venue Transfer Motions for Defendants Previously...

On November 15, 2017, the United States Court of Appeals for the Federal Circuit resolved a split among district courts on the question whether the United States Supreme Court’s TC Heartland decision constituted a change in...more

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