Features

The audit clause itself is not something to be feared. It is a necessary means for the licensor to protect its interests and to guard against unscrupulous licensees. But it is a mistake to think that the clause is there solely to prevent malfeasance.

Features

The legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.

Columns & Departments

Federal Circuit: Post-Employment Assignment Clause Void Under California Law Federal Circuit No New Trial for Improper "Pennies on the Dollar" Rhetoric

Features

A patentee should consider patent marking issues when negotiating a patent license, as well as during the term of the license. Otherwise, the patentee may find that its damages for patent infringement are limited due to its licensee's failure to mark.

Features

With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.

Features

The foundational requirement that a trademark function as a trademark has received little attention in the case law. More recently, however, there has been an apparent uptick in scrutiny of trademark use by the USPTO and TTAB, as well as fresh academic attention paid to the issue.

Features

This article discusses the jurisprudence applied to determining patent eligibility of claims for diagnostic methods, and the expectation for changes in analysis of patent eligibility under §101 in the near future.

Features

This summer, the Madrid System turned 30 years old, and as two more countries prepare to join the Madrid Protocol we look at how the Madrid System has grown as it enters full adulthood.