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We all know that trademarks are valuable business assets and that’s why we, as intellectual property counsel, go to such great lengths to register and protect our client’s trademarks. What happens when times are tough? If a client needs money, can it turn to its trademark portfolio to generate income or securitize a loan? Does the goodwill a client company has worked so hard to build mean anything when there is a financial crisis? This article explores the options available to a client to value its trademarks during a financial crisis, to ensure one of the most valuable assets it owns can continue to work for the company and see it through the lean times so that it can continue to exist and flourish for many years to come.
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By Rudy Kim and James Hancock
The Federal Circuit affirmed the dismissal of a declaratory judgment action based on the “abstention doctrine,” despite the declaratory judgment plaintiff’s insistence that the underlying contract dispute required resolution of patent validity and claim scope that were within the federal courts’ exclusive purview.
Looking Ahead to Avoid Spoliation Sanctions
By Daniel J. Melman and Sarah Benowich
A recent Federal Circuit decision denying a petition for a writ of mandamus should serve as a cautionary tale and reminder for corporate entities regarding the critical importance of preserving documentary evidence in a timely and appropriate manner.
USPTO Sets Precedent on Collective Patent Defense Groups with RPX Ruling
By Scott Graham
It took two years and a last-minute substitution of judges for the U.S. Patent and Trademark Office (USPTO) to rule that RPX Corp. was too close to a dues-paying member to bring a patent validity challenge.
By Joshua R. Stein and Jeff Ginsberg
Federal Circuit: Post-Employment Assignment Clause Void Under California Law
Federal Circuit No New Trial for Improper “Pennies on the Dollar” Rhetoric
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