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6/4/2009 Licensing Basics for Technology and Life Sciences Companies PDF icon
Virtually all technology companies rely on licenses to achieve their business goals. more
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5/15/2009 Top Ten Patent Issues for the New Director of the Patent and Trademark Office PDF icon
Imminently, the Obama Administration will be naming a new Director of the U.S. Patent and Trademark Office ("PTO"). The PTO, which used to be a quiet backwater of a niche area of law, has recently found itself front and center in some high profile debates. From congressional efforts aimed at fixing a "broken" patent system to Supreme Court cases considering whether Internet Age innovations deserve the same patent protection as Industrial Age innovations, the work of the PTO is increasingly important to our society.....more
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5/15/2009 The Transfer of Intellectual Property Rights: Can There Be Too Much Freedom in the Marketplace for Ideas? PDF icon
We Americans take for granted the fact that intellectual property rights can be transferred from one person to another. A small "garage" inventor can sell patent rights to a manufacturing company. Two sparring competitors can settle their disputes by a cross-license of rights. Franchises can be built by licensing out trade secrets to local operators....more
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5/6/2009 Cleantech Client Alert: Newly-Launched ARPA-E Announces $150 Million Funding Opportunity for "Transformational" Energy Technologies PDF icon
On April 27, 2009, the Department of Energy announced the availability of up to $150 million of funding for research and development on transformational energy-related technologies. more
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4/15/2009 Protecting Innovation: Cleantech and Patents Are Natural Allies PDF icon
In recent years, the private sector's efforts to develop responses to environmental challenges have focused strongly on technological solutions. For many businesses in this field, patent protection for innovative technology is a key element of their business strategies. more
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4/1/2009 Shrinking Prospects for Private Trade Secret Actions Under the CFAA PDF icon
The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, was enacted in 1984 as a criminal statute, but was subsequently amended in the 1990s to allow for private causes of action for damage to a "protected computer." more
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3/27/2009 Advanced Copyright Issues on the Internet PDF icon
During recent years, the Internet has become the basic foundational infrastructure for the global movement on data of all kinds. more
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3/20/2009 Intellectual Property Bulletin Spring 2009
A bipartisan quartet of senators and representatives held a press conference on March 3, 2009 announcing yet another push at patent law reform. Hearings commenced the following week...more
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3/19/2009 Litigation Alert: California Supreme Court Settles Law Regarding Enforceability of Non-Competition Agreements, Releases of Claims
The California Court of Appeal for the Sixth Appellate District recently issued an important decision confirming the preemptive effect of California’s Uniform Trade Secrets Act ("CUTSA") on common law claims...more
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3/18/2009 Starting a Company Now?? - Founder and Formation Issues in a Turbulent Economy
TiE Institute - Statrting a Company Now?? Founder and Formation Issues in a Turbulent Market.... more
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3/18/2009 Trolls 2.0
Last week, a bipartisan quartet of senators introduced yet another round of patent reform legislation. As with the prior unsuccessful attempts in recent years, the bills proposed in the House and the Senate address a variety of issues, such as the measure of damages that a patentee can recover from an infringer.... more
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3/16/2009 Making Sense of the Revived "Machine-or-Transformation" Test in In re Bilski
On October 30, 2008, in In re Bilski, No. 07-1130 (Fed. Cir. Oct. 30, 2008) the Federal Circuit handed down the latest judicial effort to provide guidance about the types of subject matter that are eligible for patent protection... more
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3/11/2009 FAQ on International Patent Strategy and Execution
The selection of an invention for patenting must be based on the business goals and needs of the client. This mandates that the prosecutor take the time to understand the patentee's business, and not merely its technology–the mere technical 'coolness' of an invention is not a sufficient reason for patenting it....more
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2/25/2009 A Framework for Identifying Inventions Worth Patenting
The selection of an invention for patenting must be based on the business goals and needs of the client. This mandates that the prosecutor take the time to understand the patentee's business, and not merely its technology–the mere technical 'coolness' of an invention is not a sufficient reason for patenting it....more
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1/15/2009 Patent Law Year in Review: 2008-2009
A Look Back at 2008 and A Look Ahead at 2009....more
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1/8/2009 On Shaky Ground: The (Near) Future of Patents After Bilski
Bernard Bilski did not intend to be a poster child for business method inventions. He filed his patent application more than a year before the Federal Circuit decided... more
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12/23/2008 Intellectual Property Bulletin Winter 2008/2009
Personalized medicine companies should implement new strategies to deal with the challenges associated with protecting their inventions...more
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12/5/2008 In re Swanson: Ex Parte Reexamination in the Patent Office Provides Second Chance to Invalidate Patent
It may not literally keep in-house attorneys up at night, but the chance that a relevant patent owned by another may unexpectedly show up on one's desk in the morning is certainly not a pleasant thought. more
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10/31/2008 Patent Alert: Federal Circuit en banc Clarifies the Test for Determining When Processes are Patentable
In a long-awaited decision, on October 30, 2008, the Federal Circuit en banc decided In re Bilski, clarifying the test for determining whether a process patent claim qualifies as patentable subject matter under Section 101 of the U.S. Patent Act. more
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10/20/2008 The Still Blurry Standards for Proving Trademark Dilution
In 2006, Congress passed the Trademark Dilution Revision Act, or "TDRA." Hailed by some and criticized by others, the TDRA was widely expected to make it easier for the owners of famous trademarks to prevail in claims for trademark dilution...more
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10/17/2008 Intellectual Property Bulletin Fall 2008
In Fisher Tool Co., v. Gillet Outillage, 530 F.3d 1063 (9th Cir. 2008), the Ninth Circuit adopted the Federal Circuit's standard requiring a showing of bad faith in order to maintain Lanham Act and state law claims premised on allegedly false representations of patent infringement made by a patentee, its distributors, agents and/or attorneys to third parties...more
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9/23/2008 Developing a Patent Strategy - A Checklist for Getting Started PDF icon
For many technology companies, developing a patent strategy is an important component of the business plan. more
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9/2/2008 Copyright Alert: Io v. Veoh—DMCA Covers Video Upload Site Charged With Exposing Skin Flicks
In an important decision with potential implications for the Viacom v. YouTube suit and for every website that hosts user-supplied content, a Magistrate Judge in the Northern District of California has granted summary judgment against a publisher of "adult" films...more
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8/6/2008 Copyright Alert: Cartoon Network v. Cablevision—Buffer Reproductions Are Not Infringing Copies, Holds Second Circuit in "Remote" DVR Case PDF icon
In a long-awaited ruling, the Second Circuit held on Monday that unauthorized reproductions of data, such as digital movie files, in computer buffers are not infringing copies because they were not fixed "for a period of more than transitory duration." ... more
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7/28/2008 Opinion Letters in the Wake of In re Seagate Technology
Patent infringement is a strict liability offense, the nature of which is only considered to determine whether infringement was willful and enhanced damages are warranted. For decades, accused infringers in patent infringement lawsuits relied on opinions of counsel to defend against willful infringement claims that may lead to enhanced damages... more
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7/15/2008 Intellectual Property Bulletin Summer 2008
Rejecting the authority of a trio of more recent Ninth Circuit cases on the ground that their holdings could not be reconciled with an earlier Ninth Circuit decision, a Washington District Court has held a transfer of computer software to represent a sale, not a license...more
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7/8/2008 Litigation Alert: Ninth Circuit Adopts Good Faith Defense for Lanham Act Claims Premised on Allegedly False Patent Infringement Allegations Made to Third Parties
In Fisher Tool Co., Inc. v. Gillet Outillage, __ F.3d __, 2008 U.S. App. LEXIS 13727 (June 30, 2008), the Ninth Circuit adopted the Federal Circuit's standard requiring a showing of bad faith in order to maintain Lanham Act and state law claims premised on allegedly false representations...more
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6/18/2008 Think You Are a Co-Owner of a Copyright?—Think Again
Many copyright owners co-own their copyrights with others, or at least they thought so until the decision came down in Sybersound Records, Inc. v. UAV Corp., 517 F.3d 1137 (9th Cir. 2008)...more
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5/19/2008 Intellectual Property Bulletin Spring 2008
Just as a semiconductor clean room aims to exclude airborne particles that could contaminate wafer layers, so the legal software clean room has sought to protect computer software developers from contaminating "access" to earlier works they might be charged with copying...more
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4/24/2008 Antitrust Alert: Rambus Dodges an Antitrust Bullet from the FTC PDF icon
In a case closely-watched by the high technology community, this week the D.C. Circuit Court set aside the FTC’s landmark order against Rambus Incorporated... more
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4/8/2008 Litigation Alert: Roommate.com en banc
The Ninth Circuit has issued a long-awaited decision affecting the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties. more
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3/27/2008 Federal Circuit to Re-Assess Standards for Patent-Eligible Subject Matter
The subject matter requirement prescribed in 35 U.S.C. section 101 has lately been back on the Federal Circuit Court's radar. more
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3/17/2008 Litigation Alert: Seventh Circuit Upholds CDA Immunity for Craigslist—But What Is The Impact, If Any, On Roommate.com?
On March 14, 2007, the Seventh Circuit issued an important decision regarding the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties. more
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3/3/2008 Intellectual Property Bulletin Winter 2008
After unanimous approval by the California Assembly and the California Senate, Governor Arnold Schwarzenegger signed S.B. 771 into law on October 10, 2007, amending California Civil Code section 3344.1. more
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1/17/2008 Patent Law Year in Review: With The Close Of An Active 2007, What Does 2008 Hold? PDF icon
Supreme Court Leaves Its Mark in 2007; Federal Circuit Weighs in on Patent Licensing; What’s Coming up in 2008; Patent Reform and Rule Changes; Reconsidering What Is Patentable Subject Matter; Reexamination Trends; Ethics Issues in Patent Law more
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10/12/2007 Intellectual Property Bulletin Fall 2007
Disclosures to government regulators have always posed risks to trade secrets and other proprietary information. more
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9/19/2007 Six Week Countdown for New Patent Rules: A Comprehensive Approach to Building Your Patent Portfolio Before and After November 1

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The United States Patent and Trademark Office [Office] is revising the rules of practice in patent cases relating to continuing applications and requests for continued examination practices, and for the examination of claims in patent applications. more | view video
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9/17/2007 Third Strike for Perfect 10? PDF icon
In the Visa case, a divided panel held that processing payments for the infringing website services was too remote from the direct copyright infringements for Visa and other credit card company defendants to be held contributorily or vicariously liable. more
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9/11/2007 Perfect 10 v. Google: Ninth Circuit Sanctions Web Site Framing, Online Thumbnail Displays
How fast do things change in "Internet time"? That was in substance one of the questions posed in a recent Ninth Circuit decision in Perfect 10 v. Google. more
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9/4/2007 Picture Perfect: Perfect 10 v. Visa
In the 1940's, Jehovah's Witnesses, tenaciously litigious in defense of free expression, generated a half-dozen Supreme Court decisions that came to define First Amendment rights in the 20th century. more
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8/31/2007 Perspective: Patents, post-MedImmune
Earlier this year, the Supreme Court shook the foundations of patent licensing and technology transfer, altering the balance of power between patent holders and their licensees and creating profound implications for the life-sciences industry. more
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8/21/2007 Patent Alert: New Rules for U.S. Patent Applications
Earlier today, the United States Patent and Trademark Office (USPTO) published new rules for patent prosecution. more
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8/21/2007 Litigation Alert: In re Seagate Technology, LLC—Willful Infringement and the Scope of Waiver of the Attorney-Client Privilege and Work Product Doctrine
On August 20, 2007, the Federal Circuit, sitting en banc, articulated a new standard for willful infringement: patentees must show at least objective recklessness. more
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8/14/2007 Don't Try This on Your Site: Changing Contracts via Website Notice Alone PDF icon
On July 18, 2007, the Ninth Circuit issued its decision in Douglas v. United States District Court for the Central District of California, No. 06-75424, which addressed whether a service provider may change the terms of its service contract by posting a revised contract on its website without providing additional notice. more
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7/31/2007 Injunctions After eBay v. MercExchange
More than a year has passed since the U.S. Supreme Court's decision in eBay, Inc. v. MercExchange, LLC, 126 S. Ct. 1837 (2006). more
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7/30/2007 Litigation Alert: Integra LifeSciences I, Ltd. v. Merck KGaA - Applying the Supreme Court's Broad Interpretation of the FDA Exemption for Patent Infringement
On July 27, the Federal Circuit in Integra LifeSciences v. Merck ruled on the Supreme Court's broad interpretation of the patent infringement exemption set forth in 35 U.S.C. § 271(e)(1), for "uses reasonably related to the development and submission of information" to the Food and Drug Administration (FDA) more
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7/17/2007 Litigation Alert: No End of Trouble? Perfect 10 v. Visa International and Secondary Liability
On July 3, 2007 the Ninth Circuit issued its decision in Perfect 10 v. Visa International Service Association, No. 05-15170, which addressed the secondary liability of credit card companies, affiliated banks, and data processing services under copyright, trademark, and various state law claims for processing credit card payments for websites that allegedly infringe Perfect 10's copyright and trademark rights. more
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7/16/2007 New Patent Rules Looming: What Do They Mean for Your Portfolio? PDF icon
The United States Patent & Trademark Office has proposed several sweeping new rules that will significantly alter how patent applications are treated. more
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7/13/2007 Top Five Practices for Implementing an Effective Trade Secret Preservation Program PDF icon
Top Five Practices for Implementing an Effective Trade Secret Preservation Program. more
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7/5/2007 Litigation Alert: Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd. (Festo XIII) - Prosecution History Estoppel and the Foreseeability of Equivalents
On July 5, the Federal Circuit issued the latest in a line of decisions addressing the scope of prosecution history estoppel and its limits on the doctrine of equivalents, this time addressing whether an equivalent is foreseeable and thus subject to surrender. more
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6/26/2007 Intellectual Property Bulletin Summer 2007
On May 23, 2007, Coca-Cola employee Joya Williams was sentenced to eight years in prison for trying to sell Coke's trade secrets to rival Pepsi. more
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6/18/2007 International Patent Strategy: Springboard to Going Global PDF icon
In today's global marketplace, patent protection continues to be an important part of a company's overall business and intellectual property strategy. However, protection provided by any one patent is limited to within the country in which it was granted. more
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6/1/2007 Playing by the Notice & Takedown Rules: Protection for Online Service Providers
This week the Federal Trade Commission obtained a $250,000 civil penalty against James Dondero, the operator of the Highland Capital hedge fund and a director of Motient Corporation, for making a late Hart-Scott-Rodino Act filing in connection with his 2005 exercise of options to acquire 10,000 Motient shares. more
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5/18/2007 The Basics of Early Stage Legal_Issues — A Guide for Entrepreneurs PDF icon
This guide was prepared for TiEcon 2007. more
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5/17/2007 Litigation Alert - Ninth Circuit Limits CDA Immunity for Internet Service Providers PDF icon
On May 15, 2007, the Ninth Circuit issued an important decision affecting the scope of the safe haven under the Communications Decency Act ("CDA") for internet service providers against liability for information created and provided by third parties. more
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5/17/2007 Copyright Alert: Perfect 10 v. Google—Key Holdings: Website Framing Does Not Directly Infringe the Public Display Right; Image Search Engine Thumbnails Are Fair Use; and a New Test for Online Contributory Infringement PDF icon
How fast do things change in "Internet time"? That was in substance one of the questions posed in yesterday's Ninth Circuit decision in Perfect 10 v. Google, which considered inter alia whether a less-than-four-year-old fair use precedent validating an image search engine had been overtaken by subsequent events. more
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5/16/2007 Intellectual Property Strategy and Best Practices for R&D Services in China PDF icon
China's Ministry of Commerce issued guidelines in March on attracting foreign investment in 2007. more
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5/1/2007 Litigation Alert - Microsoft Corp. v. AT&T Corp. — The Supreme Court Limits the Extraterritorial Effect of 35 U.S.C. §271(f) PDF icon
On April 30, the Supreme Court issued an important decision affecting liability for patent infringement for computer software developed in the United States and distributed abroad. more
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5/1/2007 Litigation Alert - KSR International Co. v. Teleflex Inc.—Ordinary Innovation is Obvious PDF icon
On April 30, the Supreme Court in KSR International v. Teleflex, announced that "the results of ordinary innovation are not the subject of exclusive rights under the patent laws." more
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4/17/2007 Legal FAQ: Introduction to Patent Litigation PDF icon
The U.S. Patent and Trademark Office grants a patent. Contrary to popular belief, a patent does not give its holder the right to practice the invention, but the right to preclude others from practicing it. more
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4/17/2007 Legal FAQ: Introduction to Patent Law PDF icon
A patent is a legal right to exclude others from practicing the patented invention for a limited period of time in exchange for disclosing the details of the invention to the public. more
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4/2/2007 Intellectual Property Bulletin Spring 2007
The Supreme Court has ruled that patent licensees do not need to breach their license agreements before seeking a declaratory judgment in federal court that the underlying patent is invalid, unenforceable, or not infringed. more
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3/7/2007 Space-Shifting and Copyright: Can't Take it With You? PDF icon
Issues arise in highly varied context involving different kinds of access to different kinds of content, provided through different technologies ... more
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3/7/2007 Audio Home Recording Act Does Not Protect Device Distributor Against Copyright Claims Arising From Broadcaster Role PDF icon
In a case of first impression, and one of the few cases interpreting the statute at issue, a New York district court held that the Audio Home Recording Act, 17 U.S.C. §§ 1001 et seq. more
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1/19/2007 IP Law in China: Works for Hire PDF icon
The work made for hire (sometimes abbreviated to work for hire or "WFH") doctrine is an exception to the general copyright rule that the person who actually creates a work is the legally-recognized author of that work. more
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1/10/2007 Litigation Alert - Supreme Court Knocks Down Federal Circuit Rule and Allows Licensees to Challenge a Licensed Patent PDF icon
Yesterday, the Supreme Court ruled in MedImmune v. Genentech that a patent licensee does not need to breach its license agreement before seeking a declaratory judgment in federal court that the underlying patent is invalid, unenforceable, or not infringed. more
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12/19/2006 Congressional Balancing Act - The Trademark Dilution Revision Act of 2006 PDF icon
U.S. trademark law took another significant step forward in 2006 with the enactment of the long awaited, much debated amendments to the Federal Trademark Dilution Act (FTDA). more
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12/15/2006 Litigation Alert - En Banc Federal Circuit Adopts Specific Intent Standard for Inducement PDF icon
On Wednesday, December 13, 2006, the Federal Circuit resolved a split in authority over the standard for proving inducement of patent infringement. more
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11/28/2006 Copyright Alert: New Exemptions from DMCA Anti-Circumvention Rules Primarily Impact Narrowly Circumscribed Uses and Industries PDF icon
Effective November 27, 2006, the Librarian of Congress announced the adoption of six exemptions to the Digital Millennium Copyright Act's ("DMCA") anti-circumvention provision, the exemptions to apply for the next three years. more
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11/28/2006 Copyright/DMCA Developments PDF icon
The years 2005 and 2006 have seen a substantial group of decisions, including some cases of first impression that flesh out the law of primary and secondary liability, fair use, and various other copyright defenses, as well as further defining the application of the anti-circumvention and copyright management information provisions of the Digital Millennium Copyright Act. more
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11/20/2006 The California Supreme Court Considers Web Site Immunity PDF icon
The California Supreme Court decided the Barrett v. Rosenthal case on Monday, November 20, 2006, holding that Section 230 provides immunity for distributor liability as well as publisher liability. more
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11/20/2006 Intellectual Property Bulletin Fall 2006
The GNU General Public License v2.0 ("the GPL") governs a majority of open source software. The GPL grants recipients the right to copy, distribute and modify covered software provided they do so in a manner consistent with the "free" nature of the software. more
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11/8/2006 Just Say ... Maybe (Arbitration Finality) PDF icon
"Three strikes you're out – sort of." That's what a California court has basically told a party that asked the court to overturn an arbitrator's award. more
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10/31/2006 Beware the Dangers of Arbitrators Morphing Into Mediators PDF icon
Flexibility and adaptability are hallmarks of alternative dispute resolution, and the ability to fit procedures to the needs of the particular quarrel is often central to realizing the benefits of arbitration and mediation. more
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10/31/2006 Litigation Alert - Transforming Uses of a Celebrity's Likeness Are Protected by the First Amendment PDF icon
On September 25, 2006, the California Court of Appeal ruled in Kirby v. Sega of America, Inc., No. B183820 (Cal. Ct. App. Sept. 25, 2006), that the First Amendment provides a complete defense for misappropriation of a celebrity's likeness and image where the defendant's use is transformative more
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10/31/2006 Potential Defenses of Implied Patent License Under the GPL PDF icon
The GNU General Public License v2.0 ("the GPL") governs a majority of open source software. The GPL grants recipients the right to copy, distribute, and modify covered software provided they do so in a manner consistent with the "free" nature of the software. more
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7/31/2006 Notable New Cases in Copyright/ DMCA Litigation (2005-2006) PDF icon
The year 2005-06 has seen a substantial group of decisions—including some cases of first impression—that flesh out the law of primary and secondary liability, fair use and various other copyright defenses, as well as further defining the application of the anti-circumvention and copyright management information provisions of the Digital Millennium Copyright Act. more
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7/27/2006 Court Shifts Balance Between Trade Secrets and Public Interest PDF icon
Are all trade secrets equally deserving of relevant discovery to enforce their protection? Not if the confidential business information is sufficiently "newsworthy," and thus infused with public interest, according to a recent decision by the Sixth District of the California Court of Appeal. O'Grady v. Superior Court, 139 Cal.App.4th 1423 (2006). more
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7/25/2006 Litigation Alert - Ninth Circuit Extends Sublicensing Rule to Trademark Licenses PDF icon
On July 19, 2006, the Ninth Circuit held in Miller v. Glenn Miller Productions, Inc., No. 04-55874 (9th Cir. 2006) that a licensee of trademark and related publicity rights does not have the right to sublicense those rights to third parties without the licensor's express permission. more
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7/11/2006 Litigation Alert - LG Electronics, Inc. v. Bizcom Electronics, Inc. PDF icon
On July 7, 2006, the Federal Circuit ruled in the case of LG Electronics, Inc. v. Bizcom Electronics, Inc., Civ. 05-1261, that a license agreement that disclaimed an implied license may also establish a conditional sale, thus defeating the application of patent exhaustion. more
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6/30/2006 Intellectual Property Bulletin Summer 2006
A patent gives its owner the right to exclude others from making, using and selling the claimed invention. Thus, patent rights give a patentee great control over who uses his or her invention. more
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6/23/2006 Litigation Alert - Supreme Court Dismisses LabCorp Appeal PDF icon
The U.S. Supreme Court yesterday opted to dismiss a case having potentially broad implications for the question of what constitutes patentable subject matter. more
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6/1/2006 Litigation Alert - California Court Blocks Subpoenas Aimed at Bloggers' Source of Trade Secret Information PDF icon
On May 26, 2006, the California Court of Appeals, Sixth District, issued a unanimous decision striking down subpoenas to Internet "news" sites seeking the source of leaked trade secret information. more
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5/17/2006 Going to the Videotape: An Introduction to the Patent System PDF icon
Patentees enter every jury trial with one distinct advantage: an official, ribboned copy of the patent at issue in the case. This trial exhibit comes embossed with the seal of the Patent and Trademark Office and signed by the director of that office. more
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5/15/2006 Litigation Alert - eBay v. MercExchange: Supreme Court Clarifies Test for Permanent Injunction in Patent Cases PDF icon
A decision today by the United States Supreme Court is likely to impact the dynamic in many patent litigation lawsuits brought by companies that purchase patents in order to sue other companies for infringing them. more
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4/24/2006 Patent Rights and Open Source—Can They Co-exist? PDF icon
A patent gives its owner the right to exclude others from making, using, and selling the claimed invention. Thus, patent rights give a patentee great control over who uses his invention. more
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4/19/2006 Trade Secret Identification Rule PDF icon
Trade secret misappropriation litigation presents a paradox. To mount a defense, a defendant must be apprised of what the plaintiff asserts was misappropriated. more
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4/19/2006 Fair Use Palooza—The Supreme Court's KP Permanent Decision Opens a Can of Worms PDF icon
Statutory, or classic "fair use"—the use, other than as trademarks, of common words, in their ordinary descriptive sense—has long been a seemingly straightforward, not particularly controversial aspect of trademark law. more
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3/29/2006 USA PATRIOT Act Impasse: E-mail Interception Rules Need Congressional Attention, Too PDF icon
When, if ever, can your Internet Service Provider ("ISP") legally intercept and read your e-mail? Nearly anytime, according to almost every federal court that has tackled the issue. more
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3/28/2006 2005 Trends in Life Sciences Partnering and Collaborations PDF icon
Ten years ago, when a biotech company needed to raise capital, the avenue most frequently sought was the capital markets. Today, rising drug development costs can approach $1 billion, making a biotech's need for capital more intense than ever. more
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3/22/2006 The Trademark Dilution Revision Act of 2005 Takes Actual Dilution To Task PDF icon
Three years ago, in Moseley v. V Secret Catalogue, Inc., 537 U.S. 418 (2003) ("Victoria's Secret"), the Supreme Court held that the Federal Trademark Dilution Act of 1995...more
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3/21/2006 Intellectual Property Bulletin Winter 2005/2006
In today's global marketplace, patent protection continues to be an important part of a company's overall business and intellectual property strategy. However, protection provided by any one patent is limited to within the country in which it was granted. more
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3/20/2006 Legal Issues for Entrepreneurs - Formation and Founders Issues PDF icon
This guide describes certain basic considerations and costs involved in forming a Delaware or California corporation. more
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2/22/2006 Litigation Alert - Perfect 10's Preliminary Injunction Against Google Exposes New Approaches to Copyright and Fair Use on the Internet PDF icon
On February 21, 2006, the Federal District Court in Los Angeles issued a decision with important new analyses affecting use of copyrighted materials on the Internet. more
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2/21/2006 Copyright Basics - Just Enough Copyright Law If You Are Not an Attorney or IP Expert PDF icon
Copyright refers to the rights of authors in works of authorship — as distinguished from patents (whose subject matter is inventions), trademarks (which concern symbols of an enterprise's reputation and goodwill) and trade secrets (information whose value derives from being kept secret). more
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2/7/2006 Trademark Selection and Protection for High Technology Companies PDF icon
Among a company's most valuable assets are the symbols by which that company and its products or services are known to the public. more
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1/23/2006 eBay v. MercExchange - Supreme Court to Reconsider Injunction Remedy in Patent Cases PDF icon
The U.S. Supreme Court will soon reconsider the long-lived standards for granting permanent injunctions in patent infringement cases in eBay Inc. v. MercExchange L.L.C., 401 F.3d 1323 (Fed. Cir. 2005). more
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1/19/2006 Patent Law Developments: 2006 PDF icon
The Year Past and the Year Ahead more
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1/19/2006 International Patent Strategy PDF icon
In today's global marketplace, patent protection continues to be an important part of a company's overall business and intellectual property strategy. However, protection provided by any one patent is limited to within the country in which it was granted. more
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1/3/2006 University Licensing: An Introduction to Licensing Technology from Universities PDF icon
What do Yamaha synthesizers, gene splicing and DSL have in common? They are all based on technology licensed from universities. As these examples show, universities often develop and license new cutting edge technologies. more
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11/22/2005 Intellectual Property Bulletin Fall 2005
On November 7, 2005, the Recording Industry Association of America issued a press release announcing settlement of the longstanding file-sharing dispute with Grokster. more
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11/11/2005 Follow-on Biological Products—Legal Issues PDF icon
Many biologics, including blockbusters like Epogen/Procrit, are nearing patent expiration, and generics manufacturers, including Sicor (acquired by Teva), Barr Laboratories, and Ivax Corporation, are hoping to market generic biologics. more
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11/3/2005 Authorized Generics: Antitrust Issues and the Hatch-Waxman Act PDF icon
An authorized generic (AG) is a pharmaceutical product that was originally marketed and sold by a brand company, but is relabeled and marketed under a generic product name. more
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10/25/2005 Patent Protection for High Technology Companies PDF icon
Intellectual property is the term used to describe the intangible assets associated with a company's technological innovation. more
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10/17/2005 Patent Litigation PDF icon
This booklet is designed for those who wish to enforce their patents or who are accused of infringing another's patent. It provides an outline of patent law in the United States, and an overview of the procedure of patent cases. more
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10/11/2005 Deal Points for Gaming Negotiation PDF icon
Often pitted against robust publishing companies, independent video game development studios face many challenges when entering into negotiations for video game development and publishing deals. more
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9/20/2005 Extraterritorial Expansion of U.S. Patent Law PDF icon
With the advent of the global economy, the design, manufacturing, marketing, and sales activities of businesses are being performed increasingly overseas. Naturally, the owners of U.S. patents are increasingly attempting to enforce their U.S. patents against activities carried out at least in part, if not entirely, outside the U.S. more
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9/15/2005 Copyright Alert: Circuit Court Decisions Weaken, Strengthen Hand of Software Owners Using Technological Protection Measures PDF icon
Within one late summer week, two federal courts of appeals rendered decisions that will have a significant effect on the rights of copyright holders. more
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8/25/2005 Strategic Intellectual Property Planning PDF icon
The recognition of intellectual property as an intellectual asset, and an asset generally, is paramount to successful strategic intellectual property planning. Intellectual property should be thought of as having the characteristics of an asset, and should be so managed. more
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8/22/2005 The Intellectual Property Audit PDF icon
Intellectual property has an importance today greater than ever before. more
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8/15/2005 'Grokster' Seems Unlikely to Prevent File Sharing by Itself PDF icon
Once the enabling software had proliferated sufficiently, nothing Grokster could do could stop its operation. more
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7/19/2005 Patent Infringement Under Section 271(f) and the Exportation of Software—Living in a Material World PDF icon
On July 13, 2005, the U.S. Court of Appeals for the Federal Circuit issued an opinion regarding whether the exportation of software code from the United States for distribution and use in foreign markets constitutes an infringement under U.S. patent law. more
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7/13/2005 Phillips v. AWH Corporation—Revisiting the Rules of Claim Construction: Still No Magic Formula PDF icon
Overview / Commentary / Authors of the Opinion / Summary of the Opinion / Dissents more
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6/16/2005 Start-up Legal Resource Guide: Prepared for the TiE Early Stage Financing Workshop
Seed and VC Financing / Sample Series A Term Sheet / VC for High Tech Companies / Raising Initial Funding in the San Francisco Bay Area / Venture Financing Terms Survey—1st Quarter 2005 / "Shaking the Money Tree" / Patent Portfolio Strategy for Start-ups more
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6/14/2005 Intellectual Property Bulletin Spring 2005
CoStar Reopens Settled Fixation Issue/Trademark Infringement and the Fair Use Defense/Changes in Store for "Ailing" Patent System/Family Entertainment and Copyright Act Becomes Law. more
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6/14/2005 CoStar Reopens Settled Fixation Issue in Online Digital Environment
[T]he U.S. Court of Appeals for the Fourth Circuit undermined a previously unbroken line of cases holding that electronic copies of digital works are "fixed" within the meaning of the Copyright Act if they exist in the random access memory (RAM) of a computer. more
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6/14/2005 Trademark Infringement and the Fair Use Defense
In a December 8, 2004, decision, the Supreme Court resolved a split in the appellate courts on the significance of likelihood of confusion in a fair use defense to a trademark infringement claim. more
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6/1/2005 Typosquatting and the Duty to Police Infringing Trademarks PDF icon
Initial Interest Confusion and 'Post-Initial Confusion'. more
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5/23/2005 Correct Inventorship Prevents Patent Application Headaches PDF icon
Although companies race to the U.S. Patent and Trademark Office to build their patent portfolios, technically, a company is not granted a patent. more
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5/20/2005 Changes in Store for "Ailing" Patent System PDF icon
Just a few years ago, it was unusual for patents to make newspaper headlines—but times have changed. more
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5/1/2005 Watch Out For Statutory Bars — Don't Lose Your Patent Rights Before You Even File The Application PDF icon
Many people are aware of the need to keep patentable inventions secret. However, few people other than patent lawyers understand the reasons for the secrecy, or know the other actions that might cause an inventor to unintentionally lose the right to obtain a patent. more
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3/25/2005 The Entrepreneur Workshop Series: Founders and Formation Issues PDF icon
Formation Issues and Considerations/Early Stage Issues/Pre-Financing Capitalization Structure/Typical Pre-Financing Capitalization Structure/Stock Options for Employees more
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2/15/2005 Software Escrows as Part of an Intellectual Property Strategy PDF icon
For many companies, a key aspect of a comprehensive intellectual property strategy is to identify and enforce mechanisms to protect their investment in software purchased from software developers. more
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12/28/2004 Intellectual Property Bulletin Winter 2004/2005 PDF icon
Trademarks on a Shoestring for Start-Ups/Circuit Courts Narrow the Reach of the DMCA's Anti-Circumvention Provisions/Quick Updates. more
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11/18/2004 Intellectual Property Strategy and Best Practices in China and India Life Sciences Business Transactions PDF icon
This paper is based on a presentation made at the Asia America Multitechnology Association ("AAMA") Conference on October 8, 2004. more
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11/2/2004 The Interplay Between Standards Bodies and Patents PDF icon
Technical standards are often used to ensure that products from different companies will interoperate. more
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9/10/2004 Intellectual Property Bulletin Fall 2004 PDF icon
Federal Circuit Whacks the Doctrine of Equivalents Again/The Role of Dictionaries in Patent Claim Construction/ Quick Updates. more
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6/30/2004 Managing Innovation: University-industry partnerships and the licensing of the Harvard mouse PDF icon
DuPont's Oncomouse patent licensing program continues to cause a stir in academia and industry. more
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6/30/2004 Top 10 Recommendations for Creating Enforceable Online Agreements PDF icon
Because the law interpreting the enforceability of online agreements continues to evolve, companies that want to create binding agreements with their online customers still face significant challenges. more
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6/15/2004 Intellectual Property Bulletin Summer 2004 PDF icon
Lessons in Patent Prosecution Quality Control from the Federal Circuit/The Complex Legal Implications of Modifying Licensed Software/ Quick Updates more
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4/16/2004 Altering Patent Suit Proof Burden Would Chill Innovation PDF icon
American ingenuity is encouraged by a patent system that provides incentives for inventors to disclose their inventions in exchange for a period of exclusivity. more
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3/11/2004 Copyright Infringement Litigation: With Some Asides on Software Copyright Litigation PDF icon
I. Where, What, When, Who and Why more
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3/11/2004 2004 Update: International Legal Protection for Software PDF icon
This report summarizes the legal protection available for computer software in most significant markets around the world as of January 2004. more
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3/11/2004 2004 Update: International Legal Protection for Software - CHART PDF icon
This chart can be used to determine if subject matter protection is currently available in a particular country for either a U.S. or foreign party's software. more
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3/8/2004 Intellectual Property Bulletin Winter 2004 PDF icon
Determining the Value of a Patent Portfolio/The Potential Perils of Provisional Patent Applications/Quick Updates more
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2/26/2004 Software Outsourcing Offshore - Business and Legal Issues Checklist PDF icon
Outsourcing particular business functions is not something new. more
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2/26/2004 A Powerful Patent Strategy. . . Provisionally PDF icon
A provisional application is part of a powerful patent strategy, but only if the provisional application is prepared properly. more
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2/18/2004 Copyright Alert: Ellison v. AOL PDF icon
In an important ruling handed down February 10, 2004, the U.S. Court of Appeals for the Ninth Circuit continued the trend, begun in A&M Records v. Napster, 239 F.3d 1004 (9th Cir. 2001), of expanding vicarious liability of online service providers (OSPs) more
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11/28/2003 Intellectual Property Bulletin Fall 2003 PDF icon
The Proposed Intellectual Property Protection Restoration Act of 2003, Kelly v. Arriba Soft: Search Engines, Web Crawlers and Copyright's Exclusive Right of Display/Quick Updates more
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9/29/2003 2003 Update: International Legal Protection for Software Chart PDF icon
This chart can be used to determine if subject matter protection is currently available in a particular country for either a U.S. or foreign party's software. more
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9/29/2003 Intellectual Property Bulletin Summer 2003 PDF icon
UDRP Versus ACPA: Choosing the Right Tool to Challenge Cybersquatting/Watch Out for Statutory Bars/Your Patent Rights Before You Even file the Application/Quick Updates more
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6/4/2003 Domain Name Dispute Remedies: Tools for Taming the World Wide Web PDF icon
Providing a new forum for brand promotion, the Internet has significantly impacted both the use and abuse of trademarks. more
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6/2/2003 Trade Secrets Protection: A Primer and Desk Reference for Managers and In House Counsel PDF icon
Companies sometimes overlook trade secrets as intellectual property assets because both their creation and continued existence depend upon secrecy. more
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5/15/2003 Intellectual Property Bulletin Spring 2003 PDF icon
Put It in Writing/Federal Trademark Dilution Law: The New Landscape/Quick Updates more
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5/1/2003 Think Value, Not Cheap for Long-Term Business Success PDF icon
Entrepreneurship today faces some new realities. Different perspectives exist on what are new realities. more
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2/28/2003 Intellectual Property Bulletin Winter 2003 PDF icon
Homer and Dr. Evil Meet the Anticybersquatting Consumer Protection Act/Structuring International Manufacturing and Distribution Activities with the U.S. Patent Laws in Mind/Quick Updates more
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1/1/2003 Patent Licensing for High Technology and Life Sciences Companies PDF icon
Virtually all high technology companies rely on licenses to achieve their business goals. more
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1/1/2003 Enzo Biochem v. Gen-Probe: Complying with the written description requirement under US patent law PDF icon
Recent court decisions effectively call for researchers and companies to reduce their biotechnology and pharmaceutical inventions to practice before they can apply for patent protection. more
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12/15/2002 Intellectual Property Bulletin Fall 2002 PDF icon
Court Evaluates Meaning of "Derivative Work" in an Open Source License/A Patent Portfolio Strategy for Start-Ups/Electronic Records: A reason for Concern/Quick Updates more
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11/1/2002 A Patent Portfolio Development Strategy for Start-Up Companies PDF icon
Successful high technology companies recognize that a comprehensive intellectual property portfolio can be of substantial value. more
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9/15/2002 Intellectual Property Bulletin Summer 2002 PDF icon
Has the Second Circuit Done Away with Copyright Ownership by Independent Contractors?/An Up-Close Look at the Duty of Disclosure/Quick Updates more
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5/7/2002 eVolution or Revolution? Trademark Law on the Internet PDF icon
I. Trademark Infringement / II. Likelihood of Confusion on the Internet / III. Trademark Dilution / IV. Cyberpiracy Relief more
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2/28/2002 Intellectual Property Bulletin Winter 2002 PDF icon
Open Source Code: A Trap for the Unwary/Antispam Laws Coming of Age/Quick Updates more
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1/1/2002 Real Life Trial Issues in Software PDF icon
Although it seems hard to believe, the first recognized software copyright infringement case of any note took place almost sixteen years ago. more
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12/15/2001 Intellectual Property Bulletin Fall 2001 PDF icon
Are Borderline Generic Domain Names Such As e-cards.com and cards.com Protectable Trademarks?/ European Block Exemptions and What They Mean for California Lawyers/Quick Updates more
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11/15/2001 New Anti-Terrorism Law: Practical Issues for Internet Companies PDF icon
On October 26, 2001, the USA PATRIOT ACT (H.R. 3162) became law. more
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9/15/2001 Intellectual Property Bulletin Summer 2001 PDF icon
Section 2019(d)'s "Reasonable Particularity" Requirement Can Leave Litigants Guessing/Lessons Learned From the Avant! Criminal Trade Secrets Case/Quick Updates more
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8/1/2001 Injunction Done Gone; First Amendment Still Here PDF icon
In an extraordinary moment of drama, the judges of the Eleventh Circuit ruled from the bench at the close of oral argument on Mat 25th to strike down a preliminary injunction that had barred publication of Alice Randall's the Wind Done Gone. more
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7/19/2001 Copyright Infringement Litigation with Some Asides on Software Copyright Litigation PDF icon
I. Where, What, When, Who and Why / II. How / III. How to Negate Liability: Affirmative Defenses / IV. Remedies / V. Special considerations relating to infringement of computer program copyrights / VI. Final thoughts more
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7/15/2001 .biz/.info Domain Name Registration PDF icon
As a follow-up to our bulletin on .biz domains, this bulletin provides important information on the new .info top-level domain. more
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5/15/2001 Intellectual Property Bulletin Spring 2001 PDF icon
How Long Do Patents Last?/A Practitioner's Guide To Section 365(n) Of The U.S. Bankruptcy Code/Quick Updates more
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2/28/2001 Intellectual Property Bulletin Winter 2001 PDF icon
Summary of the Key Provisions of the Uniform Computer Information Transactions Act/Federal Circuit Narrows Application of the Doctrine of Equivalents/Quick Updates more
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12/15/2000 The Practitioner Intellectual Property Law, Potent Portfolio, New Year is a Good Time to Assess Intellectual Property PDF icon
Executives in technology companies are increasingly recognizing that a strong patent portfolio can bring substantial value to their company. more
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12/15/2000 Intellectual Property Bulletin Fall 2000 PDF icon
U.S. Patent Applications to be Published/The Privacy Bandwagon Rolls On: More rules from the FTC/Quick Updates more
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9/15/2000 Intellectual Property Bulletin Summer 2000 PDF icon
New Cases Address the Scope of the Fair-Use Doctrine on the Internet/Tips, Tricks and strategies for Getting Your Patent Rights Right Away/Quick Updates more
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5/15/2000 Intellectual Property Bulletin Spring 2000 PDF icon
U.S. Encryption Export Regulations Enter The 21st Century/Ninth Circuit Clarifies Scope of Fair Use of Computer Code/Quick Updates more
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2/28/2000 Intellectual Property Update 2000: Significant Changes in U.S. Patent Laws PDF icon
On November 29, 1999 President Clinton signed the Intellectual Property and Communications Omnibus Reform Act of 1999 (the "Act"). more
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2/28/2000 Intellectual Property Bulletin Winter 2000 PDF icon
Significant Changes in U.S. Patent Laws/Another Shot fired in the Privacy Wars: FTC Rules on Children's Privacy/Quick Updates more
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12/15/1999 Intellectual Property Bulletin Fall 1999 PDF icon
Predictability in Patent Cases: Supreme Court Review of Federal Circuit Decisions/Separate Spheres: Addressing the Confusion Surrounding Patent Law's Enablement Requirement/Quick Updates more
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10/1/1999 What the General Intellectual Property Practitioner Should Know about Patenting Business Methods PDF icon
In the last couple of years, companies have been filing a phenomenal volume of patent applications with the U.S. Patent & Trademark Office (PTO), and the PTO has been issuing a patents in record numbers. more
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9/15/1999 Intellectual Property Bulletin Summer 1999 PDF icon
The Open Source Software Movement and Intellectual Property/How the FCRA Affects Information Exchanges/ Quick Updates more
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5/15/1999 Intellectual Property Bulletin Spring 1999 PDF icon
Private Information For Sale: The Coming of Online Privacy Regulations/Avoiding International Trademark Disputes On The Internet/Quick Updates more
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4/15/1999 Free Ride?: Is Advertising on Search Engines' 'Results' Screens Trademark Infringement? PDF icon
Internet search engines sell the 'right' to have a company's advertisement emblazoned over the results returned when an Internet surfer searches for the name of the company's competitors. more
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3/15/1999 Method Madness: Patenting Financial Inventions After 'State Street Bank' PDF icon
In July 1998, the U.S. Court of Appeals for the Federal Circuit,in State Street Bank & Trust Co. v. Signature Financial Group Inc., 149 F.3d 1368 (Fed. Cir. 1998), held patentable Signature's mutual-fund system, overturning a legalistic framework. more
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2/28/1999 Intellectual Property Bulletin Winter 1999 PDF icon
U.S. Encryption Export Policy Update (Updated February 2000)/Online Service Providers: The New Copyright Enforcers/Quick Updates more
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12/15/1998 Intellectual Property Bulletin Fall 1998 PDF icon
Software Patents and Internet Business Methods in the Wake of State Street Bank/Quick Updates more
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9/15/1998 Intellectual Property Bulletin Summer 1998 PDF icon
Copyright Misuse and its Effect on the Enforceability of a Copyright/Statutory Damages for Copyright Infringment/Copyright Protection and Gray Markets/Quick Updates more
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7/30/1998 Copyright in the Digital Electronic Environment: Practicing Law Institute "Understanding Basic Copyright Law" PDF icon
It has been twenty years since, at the dawn of the modern computer age, Congress determined that computer programs would be protected under copyright law. more
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7/21/1998 Trademark Issues in Cyberspace: The Brave New Frontier PDF icon
Cyberspace raises a variety of thought–provoking trademark and trademark-related issues. more
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6/4/1998 1998 Trends in Software Licensing and Legal Protection for Software PDF icon
Today's client/server computing environment is evolving toward a more global enterprise-wide distributed computing environment in which the Internet is an integral element. more
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5/16/1998 Systems-on-a-Chip/Intellectual Property Protection and Licensing Issues PDF icon
I. INTELLECTUAL PROPERTY IS AN IMPORTANT BUSINESS ASSET more
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5/15/1998 A Comprehensive Current Analysis of Software "Look and Feel" Protection PDF icon
The United States software industry has experienced phenomenal growth since its inception, and remains one of the few technical industries in which the United States demonstrably leads other countries. more
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5/15/1998 Intellectual Property Bulletin Spring 1998 PDF icon
Clearing Rights to Use Still Images on the Web/Defining the Constitutional Limits of Personal Jurisdiction Over Companies Engaged in Internet Commerce/Quick Updates more
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5/1/1998 Securing and Protecting a Domain Name for Your Web Site PDF icon
The explosive development of the Internet, accompanies by the exponential and still-accelerating growth in online commerce, is fated to effect important changes in economic power, commercial life, communications and culture. more
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2/28/1998 Intellectual Property Bulletin Winter 1998 PDF icon
Setting Patent Disputes: Licenses, Settlement and Lear Agreements/Patent Protection for Internet Companies/Quick Updates more
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2/28/1998 Intellectual Property Bulletin Winter 1998 PDF icon
Setting Patent Disputes: Licenses, Settlement and Lear Agreements/Patent Protection for Internet Companies/Quick Updates more
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1/1/1998 Technology Licensing and Online Commerce - Legal Transactions Guide PDF icon
This Guide covers most typical transactions involving technology and high technology and online products and services. more
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1/1/1998 New Designs: Licenses May Be Evidence of the Nonobviousness of an Invention PDF icon
A license agreement frequently transfers some rights in an invention from a patent owner to a licensee. more
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12/15/1997 Intellectual Property Bulletin Fall 1997 PDF icon
Intellectual Property Issues in Eradicating the Millennium Bug/Suppression and Concealment of Inventions: A Software Vendor's Nightmare Named 102(g)/Quick Updates more
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11/1/1997 Guarding Rights in Cyberspace PDF icon
Digital technology allows 'visitors' to create perfect copies of works from your web site, to distribute them globally at virtually no cost, and to use them in ways that can cause surprising harms. more
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9/19/1997 The Wrong Way: Copyright Misuse Weakens Infringement Claims PDF icon
In a short opinion destined to constrain the power of copyright holders to control the way customers and competitors can use such works as computer software, the Ninth Circuit has held that "copyright misuse" is a defense to copyright infringement claims. more
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5/16/1997 Global Warning: The Internet's International Nature Presents Complex Patent Problems PDF icon
Like most other high-technology companies, Internet companies seek to protect their products and ideas from their competitors. more
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4/1/1997 Baystate Holding: Technical Interface Not Copyrightable PDF icon
A district court in Boston has rendered an important and thoroughly reasoned decision on the copyrightability of computer software technical interfaces, holding that critical elements of such interfaces cannot be protected by copyright law. more
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3/20/1997 Intellectual Property Rights on the Internet PDF icon
The number of adults using the Internet, in the United states alone, increased from 27 million in January, 1996 to 35 million in September, 1997. more
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3/1/1997 The Enforceability of Shrinkwrap License Agreements On-Line and Off-Line PDF icon
Computer software companies widely rely on the use of "shrinkwrap" license agreements in the mass market distribution of software. more
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1/1/1997 Performing an Intellectual Property Audit of Copyrights PDF icon
For many companies in the computer industry and other information-related industries, intellectual property may comprise a substantial, if not the major, part of the company's assets.more
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1/1/1994 Former Distributor Piracy: What to Do Until the Lawyer Comes PDF icon
You wrote it. They sold it. By their lights, you and your software would have been nothing without them. more
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1/1/1993 Obtaining Ex Parte Relief Against Copyright Pirates PDF icon
Sometimes the only way to stop copyright pirates is to catch them in the act. more
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