An upcoming Supreme Court ruling could extend product royalties beyond the life of a patent, and thus have a major impact on pharma and medtech deal structures and bottom lines. This article covers what companies need to do now to prepare. Continue Reading
Delaware Expands Rights of Nonmembers of Delaware LLCs
The plain language of Section 18-802 of the Delaware LLC Act provides that “member[s] and manager[s]” have statutory authority to petition for dissolution of a Delaware limited liability company “whenever it is not reasonably practicable to carry on the business in conformity with a limited Continue Reading
The Future of Trade with Cuba
On January 16, 2015, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued a final rule amending the Cuban Assets Control Regulations to implement policy changes announced by President Obama a month earlier. The amendments eased travel to Cuba for authorized purposes, raise Continue Reading
Lending to Restaurants Pitfalls in Perfecting Security Interests
Dishing Up Directors & Officers Insurance Coverage for Foodborne Illness
Directors & Officers coverage for wrongful acts by a company’s officers and directors can play an important role in defending litigation over foodborne illness, particularly in cases implicating the responsible corporate officer doctrine and wire fraud, attorney J. Wylie Donald said. In this Continue Reading
Tips for Trying Your 1st Patent Infringement Case
The vast majority of patent cases settle before trial ever begins. This results in many patent litigators rarely, if ever, having an opportunity to present a case at trial. For those patent litigators who are among the lucky few and end up in the courtroom, here are five tips to keep in mind, says Continue Reading
Ten Pillars to a Productive Mediation: An Attorney’s Guide
Mediation of disputes is growing, as more courts looking to clear congested dockets suggest or command mediation during the course of a litigation, and more parties wary of the cost, time, uncertainty, and publicity of a lawsuit seek a quicker and less expensive alternative. To execute these Continue Reading
Inter Partes Review Proceedings Continue to Be an Efficient and Effective Way to Address Patent Infringement Allegations in Light of a Recent Federal Circuit Decision
Executive Summary A recent court decision suggests that it may be even easier to invalidate patent claims via a relatively quick proceeding before the U.S. Patent and Trademark Office (“PTO”) – known as inter partes review (“IPR”) – as compared with traditional litigation. The Federal Continue Reading
Online Brand Enforcement – A New Strategy for Protecting Luxury and Fashion Brands in the Digital Space
Technology, like fashion, is always changing. For fashion and luxury brands, this means that traditional geographic boundaries for marketing, distribution and sales have been rendered largely meaningless. Fuelled by the increasing advances of the Internet for online sales and advertising, as well as Continue Reading
Flying Under the Radar—Secrecy in US Trademark Filings
Susan Goldsmith and Scott Smedresman authored "Flying Under the Radar - Secrecy in US Trademark Filings," which appeared in the February/March edition of World Trademark Review The US Patent and Trademark Office’s publicly available trademark database can make it extremely challenging to maintain Continue Reading