Publications

Critical Intellectual Property Elements in Merger Agreement Negotiations

Critical Intellectual Property Elements in Merger Agreement Negotiations

Companies that consistently use cutting-edge technology, patented innovations, and other intellectual property can pose risks to potential buyers during merger and acquisition negotiations.

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The Importance of Intellectual Property Due Diligence in Business Acquisitions

The Importance of Intellectual Property Due Diligence in Business Acquisitions

In today’s business environment, intellectual property often represents a company’s most valuable assets. Trademarks, patents, copyrights, trade secrets, proprietary software, domain names, and brand goodwill can significantly influence a company’s market position and long-term profitability.

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What Investors Look for During Intellectual Property Due Diligence

What Investors Look for During Intellectual Property Due Diligence

A target company’s patents, trademarks, copyrights, trade secrets, and software code can look impressive on paper, but intellectual property due diligence is where investors learn whether those IP assets actually support valuation or hide costly risk.

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Trade Secrets vs. Patents-When Keeping It Secret Is the Better Business Strategy

Trade Secrets vs. Patents-When Keeping It Secret Is the Better Business Strategy

Choosing between trade secrets and patents can shape whether your company preserves a competitive edge in your chosen market. For startups, established businesses, and inventors alike, the right form of intellectual property protection affects cost, duration, access, and the risk of reverse engineering.

Inscription revealed on old paper - TRADE SECRETS

What Factors Determine Whether an Invention Qualifies for Patent Protection?

What Factors Determine Whether an Invention Qualifies for Patent Protection?

Protecting intellectual property through patents is pivotal for individuals and businesses seeking to secure innovations, products, and unique business processes. However, not every invention is eligible for patent protection under the United State Patent and Trademark Office, which follows strict procedural standards for patentability.

US patent form

How to Address Unfair IP Competition Claims Effectively

How to Address Unfair IP Competition Claims Effectively

Protecting intellectual property (IP) is critical to maintaining your business’s competitive edge. Unfortunately, businesses often face challenges from competitors that can lead to allegations of unfair IP competition.

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The Strongest Types of Evidence for Handling Patent Infringement Disputes

The Strongest Types of Evidence for Handling Patent Infringement Disputes

Patent infringement disputes are a significant concern for businesses that depend on innovation to stay competitive. However, resolving these disputes efficiently first requires presenting clear, compelling evidence about patent ownership, protection, and the alleged infringement by a competitor or another third party.

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The Most Expensive Intellectual Property Mistakes Startups Make Before They Ever Launch

The Most Expensive Intellectual Property Mistakes Startups Make Before They Ever Launch

Some of the most expensive intellectual property problems startups face begin before the first sale, the first investor check, or even the official launch. A rushed patent application, an uncleared business name or logo, misplaced reliance on copyright law, or loose handling of confidential formulas and computer software can undermine intellectual property protection when your company needs it most.

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AI and The ARP: Patent Eligibility Under Ex-Parte Desjardina

AI and The ARP: Patent Eligibility Under Ex-Parte Desjardina

Are inventions in Artificial Intelligence (“AI”) eligible for patent protection?  A new front has emerged in that question.


Artificial Intelligence and Intellectual Property: A Potentially Explosive Mixture

Artificial Intelligence and Intellectual Property: A Potentially Explosive Mixture

“As a human being, one has been endowed with just enough intelligence to be able to see clearly how utterly inadequate the intelligence is when confronted with what exists.

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