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Insincere Licensing Discussions Can Support a Willful Infringement Claim

June 4, 2018 | Blog | By Andrew DeVoogd, Chris Duerden

A recent order from the Northern District of California provides patent practitioners interesting guidance regarding conduct during licensing discussions—and may be a cautionary tale to potential licensors engaged in efficient infringement.
Nondisclosure or confidentiality agreements (NDAs) are among the most common documents attorneys draft and review for clients.  They are so common, in fact, that where a client needs to execute a large number of facially distinct but substantively similar NDAs, it may make sense for the client to draft and review these documents itself.

FTC and DOJ Issue Proposed Updates to Antitrust Guidelines for Licensing IP

October 14, 2016 | Blog | By Michael Renaud, Robert Kidwell, Andrew DeVoogd, Marguerite McConihe

For the first time in 26 years, the FTC and DOJ (the “Agencies”) have issued proposed updates to the Antitrust Guidelines for the Licensing of Intellectual Property, last revised in 1995.

IP for Start-Ups: Part IV

June 28, 2016 | Blog | By Michael Van Loy

In our fourth "IP for Start-Ups" video, "Are U.S. Patents Good Outside of the USA?", Mike discusses how geography plays into patent protection, both inside the U.S. and internationally.

Keep Calm and IP On: Planning for UK IP Post-Brexit

June 27, 2016 | Blog | By Michael Renaud, Brad M Scheller

This past Thursday the Brexit vote sent shockwaves around world, including the IP community and in particular with respect to IP rights in the UK and Europe. But concerns at the moment are speculative as nothing yet has changed.

IP for Start-Ups: Part III

June 21, 2016 | Blog | By Michael Van Loy

As our weekly "IP for Start-Ups" series continues, IP attorney Mike Van Loy discusses the nuances behind writing claims that are both broad enough to capture potential infringers and specific enough to show that the patent is not covered by prior art, in our third video, "The Importance of Getting the Claims Right in a Patent".

IP for Start-Ups: Part II

June 14, 2016 | Blog | By Michael Van Loy

Check out the second video in our "IP for Start-Ups" series, "The Folly of the 'One Killer Patent' Strategy", below.  Mike talks about the strategic advantage of having a modest patent portfolio, rather than only a single patent.

IP for Start-Ups: Part I

June 7, 2016 | Blog | By Michael Van Loy

Protecting your ideas is important, especially as you get your business off the ground.  To kick-off the summer, we're launching our IP for Start-Ups series, with IP attorney Mike Van Loy.

Crowdfunding and IP in Health and Biotech Start-ups (Part 3): Potential Dangers

June 29, 2015 | Blog | By Lisa Adams, Derek Constantine

PART III:  First, the JOBS Act requires the SEC to issue complex implementing rules prior to crowdfunding becoming a reality.  For any startup seeking funding through a crowdfunding source, the rules proposed by the SEC under the Act demand detailed disclosures regarding the company. The company must also describe exactly how the securities it is offering are being valued.

Crowdfunding and IP in Health and Biotech Start-ups (Part 2): The JOBS Act

June 25, 2015 | Blog | By Lisa Adams, Derek Constantine

PART 2: he US government began to address these investment challenges through the Jumpstart Our Business Startups Act (JOBS Act) in April 2012. While companies like Kickstarter allow startups to sell products or services, the JOBS Act envisions companies actually selling equity in themselves through crowdfunding campaigns. 

Crowdfunding and IP in Health and Biotech Start-ups (Part 1): The Beginning

June 18, 2015 | Blog | By Lisa Adams, Derek Constantine

PART 1: Pebble Technology had an interesting goal.  It wanted to design and build a watch that could connect to iPhone and Android smartphones using Bluetooth. It wanted to allow the watch to alert a wearer with a silent vibration for incoming calls, emails and messages.

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