Intellectual Property

Businesses Can Lower Domain Name Acquisition Costs Via Amortization

The IRS recently concluded that certain domain names have to be capitalized as intangible assets and amortized over a 15-year period under Section 197 of the Internal Revenue Code. This means that a business that acquires qualifying internet domain names will be able to realize financial benefits by recapturing 100% of the purchase price through...

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U.S. Supreme Court Extends Reach of Administrative Decisions Issued By the Appellate Branch of the United States Patent and Trademark Office

U.S. Supreme Court Extends Reach of Administrative Decisions Issued By the Appellate Branch of the United States Patent and Trademark Office

On March 24, 2015, the Supreme Court issued a rare opinion in a trademark matter. In B&B Hardware v. Hargis Industries, the Court held that findings made by the Trademark Trial and Appeal Board (“TTAB”) of the Patent and Trademark Office can have a “preclusive effect” in subsequent infringement proceedings in federal court. The case arose out...

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U.S. Supreme Court Extends Reach of Administrative Decisions Issued By the Appellate Branch of the United States Patent and Trademark Office

A Craft Without a Brand Is a Recipe for Disaster. Is Your Brand Protected?

By Joseph S. Heino At a recent Food & Beverage CEO Roundtable hosted by the Milwaukee Business Journal, Giacomo Fallucca of Palermo Villa, Inc. succinctly and effectively offered this advice to attendees: “Build your brand.” Say no more. In three words, he nailed it. To your company, its brand is its lifeblood. To everyone else, it is an...

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Federal Circuit Reverses $368 Million Damages Award

The Court of Appeals for the Federal Circuit, in VIRNETX, Inc. v. Cisco Sys. Inc, recently reversed a $368 million dollar patent infringement verdict because the plaintiff calculated its damages as a portion of the entire market value of the product as opposed to apportioning its damages to the infringing software component of the product. In its...

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Supreme Court Confirms That Patent Owners Bear Burden of Proving Infringement

On January 22, 2014, a unanimous Supreme Court held that a patent owner bears the burden of persuasion on the issue of patent infringement, reversing a decision of the Court of Appeals for the Federal Circuit. Medtronic, Inc. v. Mirowski Family Ventures, LLC, No. 12–1128. Mirowski Family Ventures, LLC licensed several patents related to...

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U.S. Supreme Court Extends Reach of Administrative Decisions Issued By the Appellate Branch of the United States Patent and Trademark Office

Federal Circuit Sets Friendlier Standards for Attorneys’ Fees in Patent Suits

By Joseph S. Heino On December 26, 2013, the Court of Appeals for the Federal Circuit (which has exclusive jurisdiction over appeals in patent infringement cases) issued a decision effectively making it easier for a wrongly accused patent defendant to recover its attorneys' fees. In Kilopass Technology, Inc. v. Sidense Corp., that court...

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Obama Administration Issues Strategy to Mitigate the Theft of U.S. Trade Secrets

Obama Administration Issues Strategy to Mitigate the Theft of U.S. Trade Secrets

By Joseph S. Heino Far too many U.S. businesses know first-hand the implications of trade secret theft and have been combatting this costly issue for years. In a recent effort to protect American innovation globally, the Obama Administration issued a strategy for mitigating the theft of U.S. trade secrets. While it's possible that this effort...

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Final AIA Changes Are Now In Effect

Final AIA Changes Are Now In Effect

The First-Inventor-to-File rules, the final changes to the U.S. patent system under the America Invents Act ("AIA"), are scheduled to go into effect on March 16, 2013. If you currently have any applications "on hold," are considering converting provisional patent applications to non-provisional applications or filing continuation-in-part...

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