"Unfrosted," Jerry Seinfeld's unauthorized (and totally made up) history of Pop Tarts, dropped on Netflix on May 3, 2024, to mixed reviews and 7.1 million viewers in its first week.

No one sets out to draft an imprecise license agreement, but occasionally that is the unfortunate result. One source of imprecision is that the inherent ambiguity...

If your company is based in Canada — or anywhere outside the United States — and you’ve been sued for patent infringement in a U.S. court, or hit with a demand letter, or named in a proceeding at the U.S. International Trade Commission, this page answers the questions we hear most often.

A patent owner's right to obtain a reasonable royalty from an infringer is an important benefit of the United States patent system. And patent owners who sell or otherwise commercialize their patented products...

When a patent is asserted against your company, in a demand letter, a district court complaint, or an ITC investigation, one of the first strategic questions is whether to attack the patent itself, and if so, where. District court is one option. The Patent Office offers three separate paths, each with its own statute, timing rules, and consequences.

In many deals, intellectual property is the asset. This primer walks through what a buyer and a seller should check in IP due diligence, why each item matters, and which findings tend to reprice or kill a deal—from ownership gaps and missing assignments to change-of-control clauses and open-source obligations.

Applicants face tough scrutiny for claims around the laws of nature, but details of new processes, steps or guidance can help patents pass the courts' two-step test, says Michael Taylor of Harness IP.

We are thrilled to introduce the Chemical and Life Science (CLS) Newsletter, designed specifically for professionals in the intellectual property (IP) industry. This exclusive publication will bring you timely insights...

Following the termination of the US Climate Change Mitigation Pilot Program, patent applicants seeking expedited examination of green technology applications can turn to South Korea's priority examination system. The Ministry of Intellectual Property offers accelerated processing for patent applications in five predefined green energy categories, with first actions typically issued within two to three months.

The rules governing the ownership of employee-created intellectual property are simple once you know them. A company's human resources (HR) team is often in the best position...

Section 337 investigations at the U.S. International Trade Commission can shut down your import business by blocking products at the border, often faster and more effectively than traditional patent litigation.

Canadian companies and other foreign entities face unique vulnerabilities when sued for patent infringement in U.S. courts, including broader venue exposure than domestic defendants and the risk of ITC exclusion orders blocking imports at the border. Understanding the procedural differences, enforcement mechanisms, and strategic options—from USPTO challenges to early coordination with U.S. counsel—can mean the difference between a manageable defense and a costly default or injunction.

Patent owners who prevail in court proving that a competitor infringes their patent are, at minimum, entitled to an award of monetary damages.[1] By law, those damages must be at least a reasonable royalty...

The future of antibody claiming in the United States is uncertain following the U.S. Supreme Court's May 2023 ruling in Amgen Inc. v. Sanofi, 598 U.S. 594 (2023), a highly anticipated decision...

Last week, a company called Enchanted Parks Holdings filed several applications with the U.S. Patent and Trademark Office (USPTO seeking to federally register trademarks...

You are a successful U.S. company with U.S. patents and European patents with unitary effect.

Can Argentina-based Cool Brands Supply SA, a well-known brand among skateboarders, prevail in its recently filed trademark infringement lawsuit against LIV Golf Inc. and HyFlyers GC — one of LIV Golf's 12 teams, captained by Phil Mickelson?

We've all seen it. Patent attorneys love making up words. For example, instead of claiming a pipe, a hose, or a tube, we draft patent claims reciting "a fluid delivery system" or "a fluid conduit."

The Bayh-Dole Act, 35 U.S.C. §§ 200-212, creates a program that, ostensibly, encourages the practical use of inventions that are supported by federally funded research.

Perhaps you received a threatening "cease and desist" letter from a competitor who claims to own a patent that prevents you from selling your product—or demands a patent licensing fee to continue your sales.