Searching Content indexed under Corporate and Company 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
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
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
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
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
Court Holds that Trade Secret Owner Must Prove No Independent Development Of Misappropriated Trade Secret
Moore v. Kulicke & Soffa Industries, 318 F.3d 561 (3d Cir. 2003), the U.S. Court of Appeals for the Third Circuit recently held that under Pennsylvania law, a trade secret plaintiff bears the burden of proving that the defendant did not independently develop the allegedly misappropriated trade secret.
United States
27 Apr 2005
Small Potatoes: Resolving Conflicting Trademark Laws in the United States

On April 26,2004, the U.S. Supreme Court denied certiorari to hear the appeal of the decision in Idaho Potato Commission v. M&M Produce Farm & Sales, 335 F.3d 130 (2d Cir. 2003), allowing the Second Circuit’s decision in the case to stand.
United States
27 Apr 2005
Trade Secret Identification: The Importance of Timing in Discovery
In many cases, a trade secret plaintiff may avoid identifying its alleged trade secrets with particularity until late in discovery.
United States
8 Mar 2005
Planned Community Names: Do You Own Them or Does The Community?
Developing a planned community or resort isn’t exactly a walk in the park. As a developer, you spend a great deal of time, energy, and money on locating and purchasing the right property, obtaining all the governmental approvals, lining up financing, and designing and planning the community.
United States
7 Jan 2005
Absolutely Fair? U.S. Supreme Court Agrees to Hear Fair-Use Case
On January 9, 2004, the Supreme Court of the United States granted a Petition for Writ of Certiorari in the case of KP Permanent Make-Up, Inc. v. Lasting Impression, Inc.
United States
13 Aug 2004
Why Patent Interference Proceedings Are Worth It
U.S. patent law is unique in recognizing the inventive activity of individuals as significant in deciding who is entitled to patent rights on an invention.
United States
10 Aug 2004
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