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The US Court of Appeals for the Second Circuit affirmed the dismissal of an independent action asserting “fraud on the court” based on the finding that the alleged fraud on the US Patent & Trademark Office (PTO) should have been uncovered by the exercise of duediligence in a prior action. Marco Destin Inc. Levy et al.,
How do you know if what you’re doing is lawful? On the Kings of Leon NFT sale site, you can identify the owner and other duediligence information. DueDiligence Checklist for Your NFT Purchase. Do your duediligence to understand what you’re buying with your NFT purchase.
Intellectual Property (IP) can often be an organization's most important asset. A thorough review is important to claim the IP asset's full value and the ability to claim the full associated rights, such as the right to sue or claim damages. By: Venable LLP
Following our first article on IP duediligence considerations for prospective investors of emerging life sciences companies, we’re taking an in-depth look at the duediligent action items that can help with decision-making and risk-assessment calculations for a potential investor.
Duediligence may not be glamorous, but it is the bedrock of a successful deal. Put simply, duediligence is the process of meticulously examining every nook and cranny of a target company’s operations, finances, and legal standing to ensure that a merger or acquisition is a smart business move.
Four pending federal cases involving disputes over nonfungible tokens highlight important questions to ask when conducting sale and purchase duediligence for NFTs, including concerns related to infringement, misappropriation or other intellectual property claims, say attorneys at Covington.
The PTO Just released a final order in a case against Jinggao Li, operator of the Dragon Sun Law Firm. The other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; iii.
As generative AI continues to be a hot topic in board rooms and an unavoidable reality on the front lines of business, leaders must make informed decisions when choosing AI vendors. The integration of AI into your operations can offer substantial benefits, but it also introduces unique risks and challenges.
However, the complexity of these transactions necessitates meticulous preparation and duediligence. In todays rapidly evolving business landscape, mergers and acquisitions (M&A) remain a common strategic priority for companies aiming to grow, innovate, or strengthen their market position. By: Proskauer - The Patent Playbook
If enacted, the Bill will make it mandatory for large Dutch enterprises and foreign enterprises doing business in the Netherlands to act with duediligence to avoid adverse impacts on human rights and the environment. Proposed changes to the Dutch supply chain laws. Duediligence requirements. General duty of care.
ACI’s 6th Annual Life Sciences IP DueDiligence Summit is devoted to providing corporate and IP counsel with expert strategies for assessing, valuing, and commercializing IP assets when conducting strategic IP duediligence – an essential to nearly every corporate transaction.
Duediligence of trademark registrations can get lost in the shuffle. In a complex merger or acquisition, there are many moving parts. But thorough review of brand assets can help avoid pitfalls and maximize the investment. By: Erise IP
For businesses in Ontario, these processes are governed by provincial and federal laws, which must be carefully navigated to ensure success. Key Legal Considerations in Ontario DueDiligenceDuediligence is the foundation of any successful merger, acquisition, or business sale. Intellectual property assets.
Duediligence is a necessary part of any M&A transaction. This process can be an exhaustive deep dive into the target companys history. In some cases, the buyer wants to assure itself of certain highly confidential and sensitive aspects of the targets operations and assets.
A few days ago, Fashion Law London held another (online) event – this time focussed on the role of online retail marketplaces. It was highlighted that fashion has in recent years been a target sector for competition authorities and that, unfortunately, law and regulation is often behind the technology curve.
The objective of an intellectual property duediligence investigation is to provide an evaluation of the quality of the IP assets that cover the company’s commercial products and services. For life sciences companies, their patent estate is often a crucial piece of their business and revenue model.
” DueDiligence Should Be a Safe Harbor Factor. . ” DueDiligence Should Be a Safe Harbor Factor. The issue of duediligence is of particular interest to rightsholders. They believe that such a clause would remove the incentive to comply with duediligence obligations.
When two parties engage in a merger or acquisition, there are several processes that must take place before the transaction can be completed, including duediligence of the seller’s assets—and particularly the seller’s relevant and material intellectual property (IP). By: Morgan Lewis - Tech & Sourcing
Hence, more and more mergers and acquisitions involve intellectual property which gives rise to the demand for Intellectual Property (IP) Due-Diligence at the time of Mergers, Acquisitions, etc. Evolving Significance of IP Due-Diligence for an M&A Transaction. of such businesses.
But any company preparing to sell within the next five years should consider the more common IP issues that arise during the legal duediligence process. Markets have since cooled, with capital becoming harder to find. By: Seyfarth Shaw LLP
Properly pleading inequitable conduct claims is a challenge, a challenge that can be met with early duediligence and attention to detail in your pleading. By: Baker Botts L.L.P.
Firm attorneys led a day of interactive discussions with clients on the latest developments in intellectual property law and their impact on patent and trademark strategies. By: Kilpatrick Townsend & Stockton LLP
Firm attorneys led a day of interactive discussions with clients on the latest developments in intellectual property law and their impact on patent and trademark strategies. By: Kilpatrick Townsend & Stockton LLP
To achieve these aims, the DSA sets out numerous duediligence obligations of intermediaries concerning any type of illegal information, including copyright infringing content. Copyright law accounts for most content removals from online platforms and search engine result lists, by an order of magnitude. EXECUTIVE SUMMARY.
As law firms increasingly recruit laterals, they must account for ethics rules and other duediligence issues that can turn an inadvisable or careless hire into a nightmare of lost opportunity or disqualification, says Mark Hinderks at Stinson.
But any company preparing to sell within the next five years should consider the more common IP issues that arise during the legal duediligence process. But quite often, a company will tout its innovation when selling, but during the duediligence process, it is revealed that the company lacks adequate protection for that innovation.
were recognized as 2021 Women of Influence in Law by the San Diego Business Journal. In addition, Chacon is known for her mentorship of junior attorneys, including through her involvement in Fish’s EMPOWER initiative, which promotes the recruitment, retention, and advancement of women in law. Crystal Culhane draws upon her Ph.D.
Proper duediligence can help inventors avoid delays, penalties, and ensure their innovations benefit both society and the local communities. It is essential to initiate the NBA approval process early, especially if the invention involves filing for a patent.
Declining valuations are the backdrop of the current technology M&A landscape worldwide, and intellectual property is a key value driver from the vantage point of a potential acquiror, so when it comes to duediligence for technology acquisitions, there are several pitfalls to avoid, say attorneys at Gibson Dunn.
This case highlights the intersection of trademark law and e-commerce regulation, raising questions about the accountability of online marketplaces in protecting brand integrity. ” Under Indian law, intermediaries like Amazon are required to take down infringing content once they have actual knowledge of the violation.
Laws that forbid the illegal uploading and downloading of copyrighted content are common around the world but the rise of streaming has sometimes exposed gaps in legislation. Piracy-equipped Kodi devices, illegal streaming apps, and similar tools have led legal specialists to attempt to apply laws that didn’t envision the technology.
I have written about the shameful silence from virtually all but Jewish MPs, leading MP Anthony Housefather to call on all to speak out (I also discussed this with Housefather on a Law Bytes podcast ). Questions include: What duediligence – if any – was conducted in awarding money to CMAC?
Despite the deadline of 7 June 2021, most Member States are still busy transposing the DSM Directive into their own laws. In addition, the Spanish law elaborates on the way in which authorizations of this right must be granted to information society service providers.
As a result, the IT Act’s obligations have precedence over all other laws. Copyright owners, on the other hand, are barred from exercising their copyright law rights. It states that if there is a direct infringement of copyright by intermediaries, the owners of copyright can take legal action against them.
Reading Time: < 1 minutes Due dilligence is key Investing in real estate can be a great way to create a new stream of income, but it’s not without its risks. Without proper duediligence, those investing in real estate can face both legal and financial consequences that can quickly counteract any potential gains.
IP finance can be useful for a wide range of stakeholders, including IP owners, investors, and IP law firms acting as brokers. OlarteMoure as an IP law firms acting as broker, we use IP finance to provide our clients a way to generate revenue. This can provide a way to invest in IP assets while also providing financing to IP owners.
Broadcom decision, its errata and subsequent case law applying inter partes review estoppel highlight the need for thorough duediligence and precise development of litigation strategy before deciding to enforce or invalidate certain patents, say attorneys at Goldberg Segalla. The Federal Circuit's recent Caltech v.
I’ll focus, as usual, on the false advertising bits and ignore the securities law parts. Initially, the court denied the motion to dismiss consumer protection law claims simply because the complaint also alleged violation of state securities laws and consumer protection laws don’t cover securities.
IP finance can be useful for a wide range of stakeholders, including IP owners, investors, and IP law firms acting as brokers. OlarteMoure, as an IP law firm helping to protect your IP, use IP finance to provide our clients a way to generate revenue. One example of IP finance is IP-based mergers and acquisitions (M&A).
The strong message from Irdeto was that such payment processors should be supporting legitimate media organizations by conducting better duediligence and stopping support for pirate streaming services. “If It found that the majority (76%) openly advertised their payment options with Visa, Mastercard and PayPal leading the way.
These challenges often center on intellectual property (IP) risks, licensing considerations, M&A duediligence, and documentation practices. Integrating AI tools into drug discovery introduces a mix of opportunities and challenges for startups and large pharmaceutical companies. By: Fenwick & West LLP
However, mounting concerns about the inclusion of Criminal Code and Human Rights Act reforms – alongside doubts about enforcement – have sparked fears that the bill could be used to suppress lawful speech with all three opposition parties expressing concern about the bill’s current structure.
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