IP Law 360

APRIL 15, 2022

Broadcom decision, its errata and subsequent case law applying inter partes review estoppel highlight the need for thorough due diligence 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.

Due Diligence 75

Due Diligence Patent Litigation Law 75

JD Supra Law

JANUARY 31, 2024

From the potential hazards associated with adopting artificial intelligence (AI) and the ubiquitous fraud that surrounds copyrights and trademarks to the due diligence required of offshore outsourcing and the fallout of a drop in patent litigation, risks abound. By: BakerHostetler

Due Diligence 73

Due Diligence IP Intellectual Property Litigation 73

IP Tech Blog

FEBRUARY 15, 2023

Given that China has no discovery system like in the US litigation, potential infringement must be thoroughly investigated by the rights holder, with evidence secured in the proper forms so that it can be admitted before a Chinese court or accepted by the Chinese police in case of a criminal action.

Intellectual Property 113

Intellectual Property Due Diligence Ownership IP 113

43(B)log

OCTOBER 19, 2023

In Re Ethereummax Investor Litig., Given the issue of whether the Tokens are a “security” is a genuinely unanswered legal question, it would be unfair (and contrary to Rule 8) to prohibit alternative pleading at this stage of the litigation.” In Re Ethereummax Investor Litig., CV 22-00163-MWF (SKx), 2023 WL 6787827 (C.D.

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Due Diligence False Advertising Social Media Advertising 64

Managing IP

JULY 5, 2021

Ranjan Narula of RNA, Technology and IP Attorneys takes a look at the new due diligence mechanism and considers why this has caused a backlash

Due Diligence 52

Due Diligence Litigation IP Technology 52

The IPKat

AUGUST 11, 2021

IPKat readers interested in copyright are well aware of how, over the past several years, the right of communication to the public has gained a top spot in litigation and case law. Ultimately, the defendant failed to rebut the assumption of knowledge. However, no such enquiries were demonstrated in the proceedings.

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Copyright Infringement Copyright Due Diligence Social Media 145

SpicyIP

JUNE 27, 2022

That all intermediaries shall ensure accessibility to its services and maintain reasonable expectations of due diligence, privacy and transparency. All intermediaries shall ensure accessibility to its services and maintain reasonable expectations of due diligence, privacy and transparency.

Due Diligence 105

Due Diligence Privacy Government Technology 105

Fish & Richardson Trademark & Copyright Thoughts

JULY 14, 2022

Del Dotto’s practice focuses on complex patent litigation, with an emphasis on life sciences, biotechnology, and pharmaceutical litigation, including Hatch-Waxman litigation. Benedict concentrates her practice on all areas of intellectual property litigation in U.S.

Journalism 60

Journalism Higher Education Due Diligence Litigation 60

Patent Trademark Blog

OCTOBER 24, 2024

Patent Owners: First Do This Before Contacting Infringers At the outset, do your due diligence and make sure your utility patent covers your competitors. In patent litigation, both infringement and invalidity issues may be argued. We are not talking about design patent infringement. Do not do this analysis on your own.

Patent Infringement 52

Patent Infringement Patent Cease and Desist Due Diligence 52

Patent Trademark Blog

JUNE 1, 2023

Patent litigation can be prohibitively expensive for smaller companies. This is where patent litigation funding can be helpful. Need to get patent litigation funding? What are the general requirements for securing patent litigation funding? Each litigation funder will have its own due diligence checklist.

Litigation 40

Litigation Patent Due Diligence Art 40

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising. Will Freeman focuses his practice on patent litigation in U.S. He received his J.D.

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Due Diligence Patent Prosecution Litigation Intellectual Property 59

Traverse Legal Blog

MAY 1, 2022

Due Diligence for Security Interests in Trademarks. When performing due diligence (related to financing, including a line of credit, M&A or otherwise) on a debtor, a trademark attorney will typically be provided a list (typically called a Schedule) of trademark registrations. Article updated May 2022.

Trademark 59

Trademark Due Diligence Intellectual Property Social Media 59

Patent Trademark Blog

MAY 15, 2024

So a declaratory judgment lawsuit looks like a patent infringement litigation with the tables turned. For example, the accused infringer might be located in California, and litigating a patent lawsuit in another state may be substantially more costly. Litigation can become a game of chicken. Why sue for declaratory judgment?

Patent Infringement 59

Patent Infringement Cease and Desist Patent Due Diligence 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2021

The new principals in the firm’s Litigation Group are Matthew Colvin (Dallas); Kelly Allenspach Del Dotto (Delaware); Nitika Gupta Fiorella (Delaware); Conrad A. Matthew Colvin represents clients in complex intellectual property litigation, as well as commercial litigation and Hatch-Waxman matters. Gosen (Twin Cities); Andrew G.

Patent Prosecution 75

Patent Prosecution Litigation Due Diligence Technology 75

LexBlog IP

SEPTEMBER 2, 2022

Without thorough due diligence, purchasers may be exposing themselves and their companies to costly litigation, unforeseen limitations on use of the software and, even, unexpected competition. Paying the full purchase price does not guarantee complete rights in software.

Journalism 52

Journalism Licensing Due Diligence Ownership 52

Kashishipr

MAY 5, 2021

The maximum number of cases are witnessed in the software industry wherein statistics project that as many as 74 percent of the patents issued are being litigated. These claims are ultimately easier and cheaper for competing companies in the market to settle rather than to litigate.

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Patent Troll Patent Inventor Intellectual Property 98

Traverse Legal Blog

MARCH 21, 2025

Grey market issues are much more challenging because the seller must conduct due diligence to control their distribution network and have enforcement rights. In extreme cases, brands may need to escalate furtherpursuing litigation, seeking court injunctions, or working with customs authorities to intercept counterfeit shipments.

Branding 52

Branding Brands Branding Marketing 52

IP and Legal Filings

FEBRUARY 20, 2023

This entails requiring them to obtain all the pre-requisite information before registering a domain name and ensure that the registrant does not end up in crossfire of a cybersquatting litigation or a suit for trademark infringement. This process is expensive and selectively entertain cases only against third party trademark violations.

Trademark 98

Trademark Registering Trademarks Registration Trademark Law 98

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 22, 2021

It is thus essential for a company’s patents to be strong enough to withstand litigation challenges during this time to maintain their market position. Extensive due diligence. Many established life sciences companies return 25 to 30% of their topline revenue into R&D—a higher percentage than in most other sectors.

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Due Diligence IP Marketing Marketing 52

Fish & Richardson Trademark & Copyright Thoughts

APRIL 12, 2021

Managing IP also named principals Betsy Flanagan and Frank Scherkenbach Litigation Practitioners of the Year for Minnesota and Massachusetts, respectively. Fish’s litigation practice boasts a deep bench of trial lawyers with unrivaled expertise and skill. district court and ITC bench trials. “We

Intellectual Property 52

Intellectual Property IP Due Diligence Litigation 52

Traverse Legal Blog

APRIL 1, 2021

In this Tech Law Radio podcast, NFT attorney Enrico Schaefer talks about legal issues which are already being litigated by lawyers in the NFT marketplace. Your only protection on the front end is due diligence. There’s going to be litigation around these NFT marketplace issues. Well, what if those platforms fail?

Non-Fungible Tokens 98

Non-Fungible Tokens Artwork Contracts Due Diligence 98

Patently-O

DECEMBER 6, 2022

The decision thoughtfully discusses splits in the case law and the distinctions between a corporation and LLC, including the fact that members of an LLC may be anonymous, and so it may be impossible to determine the citizenship of each of its members.

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Due Diligence Litigation Designs Design 53

Fish & Richardson Trademark & Copyright Thoughts

MAY 27, 2021

Her practice focuses on patent prosecution, client counseling and strategic portfolio development, clearance investigations, patentability analysis and due diligence investigations. His practice emphasizes complex patent litigation in U.S. Timothy Riffe is a principal in the Washington, D.C., district courts and the U.S.

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Due Diligence Inventor Patent Patent Prosecution 52

LexBlog IP

AUGUST 30, 2023

The current hodgepodge of state trademark regimes will undoubtedly result in litigation and a race to register federal marks once Congress legalizes cannabis. Majik Medicine, LLC , 2021 WL 6198664, February 12, 2021, WDNC, (litigation over the use of “CBD MD” trademark).

Due Diligence 52

Due Diligence Intellectual Property Branding Branding 52

Traverse Legal Blog

MARCH 8, 2022

Due diligence is critical. So both the project owners and the buyers will live with unknown legal rights, which will someday have to be litigated in the courts. . What Rights Are Licensed To Purchasers Buying NFTS? When you buy the Bored Ape NFT, you receive a license to the image. Legal Checklist for NFT Projects.

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Non-Fungible Tokens Artwork Licensing Branding 131

Trading Secrets

NOVEMBER 19, 2021

Our panel, which includes a trade secrets and restrictive covenant litigator and a mergers and acquisitions transactional attorney, will walk through the keys issues in the typical M&A lifecycle and provide practical tips to help businesses effectively maximize value and protect their assets.

Confidentiality 52

Confidentiality Due Diligence Litigation Business 52

LexBlog IP

NOVEMBER 19, 2021

Our panel, which includes a trade secrets and restrictive covenant litigator and a mergers and acquisitions transactional attorney, will walk through the keys issues in the typical M&A lifecycle and provide practical tips to help businesses effectively maximize value and protect their assets.

Confidentiality 52

Confidentiality Due Diligence Litigation Business 52

LexBlog IP

FEBRUARY 15, 2023

Given that China has no discovery system like in the US litigation, potential infringement must be thoroughly investigated by the rights holder, with evidence secured in the proper forms so that it can be admitted before a Chinese court or accepted by the Chinese police in case of a criminal action.

Intellectual Property 52

Intellectual Property Due Diligence Ownership IP 52

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 16, 2022

Procedures may also be developed for inclusion on the company’s “due diligence” checklist for patent, product, or company acquisitions and/or sales involving FDA-regulated products.

Patent Prosecution 76

Patent Prosecution Due Diligence Inventor Reporting 76

Greenspoon Marder LLP

FEBRUARY 22, 2017

Doing your due-diligence ahead of time can protect you from potential future trademark disputes and litigation. The post Beer and Breweries: A Growing Business, a Trademark Extravaganza appeared first on Greenspoon Marder LLP.

Business 52

Business Trademark Due Diligence Registration 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 26, 2021

Cynthia Johnson Walden (Massachusetts and nationally in the enforcement and litigation and prosecution and strategy categories). Europe, and China, including trademark counseling and prosecution, enforcement and litigation, licensing agreements and due diligence, and advertising counsel. Debra Serota (Massachusetts).

Trademark 40

Trademark Due Diligence Intellectual Property Litigation 40

IP Intelligence

JUNE 5, 2023

Typically, this issue comes to light during litigation between the parties to the agreement or during due diligence surrounding the purchase of a company. How does someone find themself in an accidental franchise?

Licensing 52

Licensing Due Diligence Business Trademark 52

IP Intelligence

JUNE 6, 2023

Typically, this issue comes to light during litigation between the parties to the agreement or during due diligence surrounding the purchase of a company. How does someone find themself in an accidental franchise?

Licensing 52

Licensing Due Diligence Business Trademark 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 5, 2021

In addition to his litigation work, Amon serves as vice managing principal and pro bono coordinator of Fish’s San Diego office. Culhane is a key advisor on patent prosecution, due diligence and patentability, and freedom-to-operate matters. He also serves on the board of directors of the San Diego Volunteer Lawyer Program.

Journalism 40

Journalism Business Due Diligence Law 40

Fish & Richardson Trademark & Copyright Thoughts

MAY 5, 2021

McDonough is a principal in Fish’s Boston office and her practice emphasizes patent prosecution , portfolio management , reexamination, counseling , and due diligence in the computer software and electrical fields. I was a patent litigator at Fish before transitioning to patent prosecutor and that trial experience informs my work.

Due Diligence 40

Due Diligence Patent Prosecution Litigation Patent 40

LexBlog IP

JUNE 6, 2023

Typically, this issue comes to light during litigation between the parties to the agreement or during due diligence surrounding the purchase of a company. How does someone find themself in an accidental franchise?

Licensing 52

Licensing Due Diligence Business Intellectual Property 52

LexBlog IP

APRIL 13, 2022

You may not get everything you think you’re entitled to get, and you may even be unknowingly exposing yourself and your company to costly litigation and unexpected competitors. You may even be required to offer your expensive new software to others for free. IP Infringement Risks.

IP 52

IP Due Diligence Ownership Licensing 52