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.

Looking Beyond Patents at the International Trade Commission—Is the ITC an Underutilized Forum?

by Ropes & Gray LLP on

The United States International Trade Commission (“ITC”) is an independent, quasi-judicial federal agency responsible for enforcing Section 337 of the Tariff Act, a trade statute designed to protect U.S. industries from...more

ALJ Finds Violation in Mobile Device Holders Investigation

by Jones Day on

ALJ Pender’s initial determination in Certain Mobile Device Holders and Components Thereof, Inv. No. 337-TA-1028 (Sept. 12, 2017), finding a violation of Section 337, provides important guidance on what investments count...more

Europe: Blockchain – Practical and legal challenges

by Hogan Lovells on

The increasing digitization of the private as well as economic realm is undeniable. The European Commission is constantly pushing the Digital Single Market forward. In the same breath as the ubiquitous phenomenon of...more

Financial Services Quarterly Report - Third Quarter 2017: Luxembourg Developments

by Dechert LLP on

Luxembourg recently has taken a number of actions in connection with the transposition or implementation of various EU directives and regulations, respectively, into national law. The Luxembourg government deposited a bill of...more

PTAB Disqualifies Reference for Failure to Show Public Accessibility

by Jones Day on

The PTAB’s recent final written decision denying a finding of unpatentability in ABS Global, Inc. v. Inguran, LLC, Case IPR2016-00927, Paper 33 (PTAB Oct. 2, 2017) highlights the importance of obtaining affidavit evidence to...more

Building a Health App? Part 2: Protecting Your Intellectual Property

This post is the second in a series of weekly blog posts covering legal issues for consideration during the early stages of development of a health app and providing best practices to help guide you through a successful...more

High Risk, High Reward: An Overview of Navigating IP Rights in the Green Rush

The legal U.S. cannabis market, which includes medicinal and recreational sales, is booming. Last year alone, the industry accumulated an estimated $7.2 billion in revenue, and that number is projected to grow to $21.2...more

The importance of intellectual property notices

by McAfee & Taft on

So you have a patent, trademark, or copyright that you want the public to know you have rights in? How do you provide such notice? The answer is marking your intellectual property (IP) with symbols such as Pat., Pat. Pending,...more

Intellectual Property 101: What It Is and Why I Should Protect It

by Varnum LLP on

Startups and early stage companies have many things to focus on and worry about, and the protection of intellectual property (IP) is likely not on the top of the list, if it’s on the list at all. Why? Because a business...more

The World In U.S. Courts - Summer 2017

Bolivarian Republic of Venezuela v. Helmerich & Payne International Drilling Co., US Supreme Court, May 1, 2007 - Plaintiff Helmerich & Payne (H&P), a supplier of drilling equipment, sued Venezuela to obtain compensation...more

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

How Startups Can Protect Their IP Rights

by Revision Legal on

For businesses that are just starting out, intellectual property (IP) rights can be immensely valuable. Your IP rights could be the business asset that sets your company apart from your competitors. Equally important to...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

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