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On September 29, 2005, the Treasury Department released the much anticipated Proposed Regulations to Section 409A of the Internal Revenue Code (the "Proposed Regulations").

Digital health investors seem to have taken a step back to catch their breath in November after 10 months of record-breaking activity.

At the recent National Association of Insurance Commissioners (NAIC) meeting in Seattle (August 12 – 16), the newly unveiled exposure draft of the proposed NAIC Model Bulletin...

The report is enlightening and very useful, with an accessible executive summary, primer on the law, and insightful analysis and recommendations helpful to anyone who deals with DMCA notices even occasionally.

Most lawyers know, at least generally, that IP infringement and misappropriation actions are subject to various statutes of limitations.

In Advanced Fluid Systems v. Huber, the U.S. Court of Appeals for the Third Circuit held that a company that did not own, but lawfully possessed, a trade secret could bring a misappropriation claim.

On remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Federal Circuit last month held in Akamai Tech. Inc. v. Limelight Networks Inc. that "direct infringement liability of a method claim under 35 U.S.C. Section 271(a) exists when all of the steps of the claim are performed by or attributed to a single entity."

After the Patent Trial and Appeal Board found claims of ImmunoGen Inc.'s U.S. Patent No. 8,337,856 nonobvious, non-practicing entity Phigenix, Inc. appea​led to the U.S. Court of Appeals...

The Board may grant IPR if "there is a reasonable likelihood that the petitioner would prevail with respect to at least one of the claims challenged in the petition."

Once a patent application is written, determining an inventorship list for the application might seem like a formality to get the application filed.

Multi Time Machine, Inc., the manufacturer of the high-end MTM Special Ops watches, brought a trademark infringement action against e-commerce website Amazon...

California trademark attorneys have been waiting five years to get clarification on the requirements for injunctive relief and hoped that a new case between adidas and Skechers ...

You are founding a startup with a great new idea to revolutionize a key health care segment, but you know the digital health space is packed with potential competitors.

The USPTO is getting it from all sides lately. It's become too easy, some say, to get a patent—examiners are in the pockets of large corporations.

On December 14, 2006, the California Supreme Court ruled in Fair v. Bakhtiari, No. S129220, ___ Cal.4th ___ (Dec. 14, 2006), that under California Evidence Code section 1123(b), parties who mediated their dispute and signed a settlement memorandum did not clearly demonstrate their intent that the memorandum be enforceable, even though it contained an arbitration clause.

In our increasingly cellphone-dependent world, most consumers are familiar with the feeling of relief that comes from receiving an appointment reminder.

Recently, Chief Judge Vaughn Walker of the Northern District of California ruled in Boschetto v. Hansing (Case No. C-06-1390, order issued July 13, 2006) that a Wisconsin resident’s sale of a vehicle on eBay to a California resident did not give rise to personal jurisdiction in California.

The U.S. Court of Appeals for the Fourth Circuit recently issued a unanimous decision upholding a $13.5 million jury verdict and permanent injunction in a federal false advertising suit involving comparative advertisements targeting a direct competitor.