Regardless of whether you are a supplier or purchaser, it is imperative to know whether your contract with your purchaser or supplier is a “requirements contract.” Potentially conflicting terms and conditions in purchase orders and invoices exchanged between parties may result in the formation of a “requirements contract” or preclude the formation of such an
Avoidable missteps that may defeat insurance coverage for infringement claims
Woody Allen once said, “Showing up is 80 percent of life.” But this observation, while often apropos, is not applicable if one’s objective is to obtain insurance coverage for IP infringement claims.
Coverage can often be found for those claims if they are viewed through the right lens. But recent insurance coverage decisions highlight the
Insights on Business Rights: What do you do when … government agents, inspectors or investigators unexpectedly arrive at your business or home?
Nearly every day in nearly every city in the United States, businesses and individual citizens are unexpectedly visited by some government agent, and we don’t mean mail carriers. These are local, state or federal agents, inspectors or investigators. They may be special agents for state and federal agencies such as Departments of Revenue, Environmental Protection
Squeezing Infringement Claims Within “Advertising Injury” To Obtain Insurance Coverage
Two recent appellate decisions1, one in the Fifth Circuit and one in Illinois, highlight the value to policyholders from the aggressive pursuit of insurance coverage in claims arising from allegations of the infringement of intellectual property rights. In most insurance policies that afford advertising injury coverage, coverage is generally excluded for injuries “arising
First woman director of the USPTO calls us to prepare more girls to pursue careers in technology
Today, at the conclusion of Women’s History Month, I received an email from the USPTO News containing a blog message by Michelle K. Lee, the first woman director of the USPTO. See, Blog by Under Secretary of Commerce for Intellectual Property and Director of the USPTO Michelle K. Lee. The Greensfelder IP Group joins
Greensfelder IP Attorneys Publish White Paper – “Issue Preclusion” and TTAB Proceedings – Clarity from the U.S. Supreme Court and How it May Apply to Your Trademark Strategy
In the wake of a recent United States Supreme Court decision B&B Hardware, Inc. v. Hargis Industries, Inc., 575 U.S. _____ (2015) (Slip Op.), there is now no doubt that the strategy decisions you make in brand enforcement efforts before the Trademark Trial and Appeal Board (TTAB), a federal administrative agency, may have a
Kara Cenar Publishes White Paper – Is Patent “Reform” Forcing Businesses to Seek Alternative IP Protection Strategies?
Companies of all sizes seek to focus on business development rather than on patent proceedings. Patents and the implementation of patents are a fundamental part of the ordinary operations of many businesses outside of the pharma/tech industries. Development and implementation of patentable technologies drives the innovations that set these businesses apart from their counterparts. When
Inadequate Consideration of the Adequacy of “Consideration” is an Avoidable Impediment to Enforceable Non-Competes
As two federal courts recognized in February 2015, Illinois law is unsettled as to the duration of continued employment that is sufficient consideration to support a non-compete agreement. In Bankers Life And Casualty v. Miller1,a February 2015 federal court decision applying Illinois law, the court held that there is no bright line test
Upjohn Warnings
The situation where a corporate employee is being interviewed by the attorney representing the corporation raises special attorney-client issues. Such interviews are common place in most internal investigations carried out for the purpose of providing legal advice to a corporation. In Upjohn v. United States, the Supreme Court provided important guidance to all attorneys
Patrick Cotter, Thad Felton and David Goodman Publish White Paper – Managing Attorney-Client Privilege and Work Product Doctrine
In-house lawyers owe the same professional obligations with respect to the preservation of privileged communications as outside counsel. However, in-house counsel may confront challenges relating to the application of the attorney-client privilege that differ from those faced by outside counsel. The attorney-client privilege and work product doctrine apply to in-house counsel in the same manner