Searching Content indexed under Corporate/Commercial Law by Finnegan, Henderson, Farabow, Garrett & Dunner, LLP ordered by Published Date Descending.
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The Boston Manifesto
During the 2019 IPBC Global conference in Boston, worldwide leaders in the legal, corporate and academic fields convened with Finnegan attorneys for a boardroom discussion
United States
15 Oct 2019
PR Firm Not Covered By Privilege Umbrella In Trademark Row
On May 6, 2019, a magistrate judge in the Southern District of New York ruled that emails exchanged among a company
United States
6 Jun 2019
Clean Your Room: Protecting Against Trade Secret Misappropriation Claims
The constant movement of talent between competitors exposes would-be employers to potential liability for trade secret misappropriation.
United States
28 May 2019
A Review Of The Most Popular Posts From 2018
Having said goodbye to 2018 a week ago, we thought we would take a look back at the most popular posts from the year.
United States
11 Jan 2019
Breach Of Terms In A Patent License Agreement May Not Give Rise To Infringement Claims Unless Terms Are A Condition Of The License
An Illinois District Court ruled that breach of a patent license agreement does not automatically give rise to patent infringement claims. Instead, whether the breach gives rise to patent infringement
United States
31 Oct 2018
Successful Companies Don't Just Patent Everything—They Make And Follow A Strategy
Sophisticated companies know that patents are indispensable in the modern economy
United States
11 Oct 2018
The Federal Circuit's Travel Sentry Case Broadens Divided Infringement Standard In A Way That Makes Method Claims More Viable In Litigation
Under this broadened standard, divided infringement may provide a viable alternative to indirect infringement.
United States
1 Oct 2018
Distribution Agreement Constitutes An "Offer For Sale" Under Pre-AIA 35 U.S.C.
Following the court's en banc decision that a contract manufacturing arrangement did not give rise to an on-sale bar, the Medicines Co. v. Hospira, Inc. appeal returned to the original Federal Circuit panel ...
United States
23 Feb 2018
Startups Need To Address IP Earlier
Many startups these days are being advised to "go global quickly." Whether this means relocating, opening offices in startup hubs or overseas, or simply appealing to foreign customers, it takes money...
United States
4 Jul 2017
Legal Advice On Patent Strength And Enforceability May Be Shared During Acquisitions And Licensing Negotiations Without Waiving Attorney-Client Privilege
Under the "common-interest doctrine," attorney-client communications regarding patent strength, prosecution, licensing, and enforceability may remain privileged...
United States
24 Apr 2017
Infringement Complaint Based Solely On Continued Production Of A Previously Licensed Product Fails To Meet Minimum Pleading Standards
Complaints for patent infringement must allege enough facts about the infringement of patent claims by an accused product to plausibly show the patent owner may be entitled to the relief...
United States
21 Dec 2016
Claim Vitiation Is Not An Exception To DOE
In Deere & Co. v. Bush Hog, LLC, Nos. 11-1629, -1630, -1631, the Federal Circuit vacated the district court’s construction of the term "into engagement with" and reversed the associated grant of SJ for noninfringement.
United States
4 Feb 2013
Accused Infringer Need Not Practice Steps Recited In The Preamble Of A Method Claim When The Preamble Defines The Environment In Which The Claim Operates
In Advanced Software Design Corp. v. Fiserv, Inc., Nos. 09-1585, 10-1011 (Fed. Cir. June 2, 2011), the Federal Circuit reversed-in-part and vacated-in-part the district court’s determination of noninfringement, affirmed the district court’s denial of Advanced Software Design Corporation’s ("Advanced Software") motion to amend the complaint, and dismissed Fiserv, Inc.’s ("Fiserv") cross-appeal on invalidity.
United States
29 Jul 2011
No Personal Jurisdiction Exists Over A Foreign Party Because Simply Placing Goods In The Stream Of Commerce, Without More, Is Not An Act Purposefully Directed To The Forum State
In J. McIntyre Machinery, Ltd. v. Nicastro, No. 09-1343 (U.S. June 27, 2011), the Supreme Court reversed the judgment of the New Jersey Supreme Court that New Jersey state courts can exercise jurisdiction over a foreign manufacturer without contravening the Fourteenth Amendment’s Due Process Clause.
United States
29 Jul 2011
Stream Of Commerce Analysis Does Not Support General Jurisdiction Over A Foreign Corporation
In Goodyear Dunlop Tires Operations, S.A. v. Brown, No. 10-76 (U.S. June 27, 2011), the Supreme Court reversed the judgment of the North Carolina Court of Appeals that general jurisdiction existed over foreign corporations whose tires reached the State through the stream of commerce.
United States
29 Jul 2011
Stayart v. Yahoo! Inc., 2010 WL 3785147 (7th Cir. Sept. 30, 2010)
Plaintiff, an animal-rights activist, searched for her name on defendants’ Internet search engines and discovered that her name was listed in search results linked to sexual-dysfunction drugs and pornographic websites.
United States
15 Nov 2010
Incontestable Newsletter - April 2009
In a decision assessing the "use in commerce" requirements of the Lanham Act prior to the effective date of the Trademark Law Revision Act of 1988 and the corresponding intent-to-use provisions, the Federal Circuit upheld the TTAB's decision to cancel a registration where the registrant had undertaken a number of preparatory steps to create the network necessary to offer the services identified in its registration, but had never actually offered those services to the general public.
United States
22 Apr 2009
Winning Patent Strategies
Multinational corporations are increasingly feeling the pressure from products manufactured in China, and Chinese companies are increasingly finding they need to secure and enforce patents in China to defend their global and Chinese market shares.
United States
8 Jul 2007
Recent Decisions In The United States: A Recurring Feature
Generally, only the owner of a patent may bring a suit for patent infringement. A licensee may bring suit, however, if the rights they have been granted are tantamount to an assignment of the patent. In order to determine whether a license agreement should be treated as an assignment, the courts look to whether the licensee has been granted "all substantial rights" in the patent.
United States
2 Feb 2007
The Effect of the U.S. Supreme Court’s Decision in eBay v. MercExchange on the Biopharmaceutical Industry
Historically, a permanent injunction was granted almost as a matter of right after a holding of patent infringement, a virtual automatic injunction. A compulsory licence was rarely a remedy. That all changed, however, on May 15, 2006, when the Supreme Court of the United States in the matter of eBay v. MercExchange decided that the virtual automatic issuance of a permanent injunction upon a finding of patent infringement violates traditional principles of equity.1 This ruling signals a fundament
United States
12 Dec 2006
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