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European Union: assessment of IP licensing agreements under EU competition law

March 7 2014 In recent years there has been a remarkable expansion of antitrust enforcement in the area of intellectual property (IP). This trend is illustrated…

New export control rules for military aircraft and aircraft parts and components

September 26 2013 Companies that produce military aircraft and aircraft parts and components controlled under the International Traffic in Arms Regulations ("ITAR")…

Indemnification pitfalls in commercial contracts

September 2 2015 It is no secret that indemnification provisions in contracts can be difficult to read; the goal of many appears to be sleep or confusion. One…

Trade dress fundamentals revisited: protection of color schemes in college sports uniforms

October 31 2010 Trademark protection for color schemes is once again in the news.

Does your employment agreement contain a time bomb? 5 minutes that can save a lawsuit

May 31 2012 Is there a practical difference between “agreeing to” assign rights and actually assigning intellectual property rights?

Aviation Liability in Russia

March 27 2019 A structured guide to aviation liability in Russia

USPTO Proposes Change in Claim Construction Standard for Post-Grant Proceedings

June 14 2018 Since the enactment of the America Invents Act in September 2012, the USPTO has evaluated a patent’s validity in post-grant proceedings1 with a…

Uncertainty of IPR Estoppel in District Courts Continues

June 5 2018 One of the early-recognized pitfalls of inter partes review (IPR) proceedings was the statutory estoppel of 35 U.S.C. § 315(e)(2) barring petitioners…

Securing Your IP Litigation Recoveries: Remedy by Judge or Jury?

June 5 2018 The U.S. Court of Appeals for the Federal Circuit recently vacated a $77 million verdict against Intersil Corp. in a patent and trade secrets suit…

Texas Supreme Court Recognizes Realities of Horizontal Drilling in Key Lease Clause Ruling

June 4 2018 On Friday, June, 1, the Texas Supreme Court issued an opinion holding that as a matter of law, Murphy Exploration & Production—USA complied with an…