The Trademark Review is a monthly newsletter prepared by Knobbe Martens attorneys covering relevant and current issues in trademark law.
In this Issue:
• Ron Paul’s Complaint to Regain RonPaul.org Constitutes Reverse Domain Hijacking
• MOTT’s for Baby Food Is Considered Primarily Merely a Surname
• Company Uses More than Is Reasonably Necessary to Advertise that its Test Strips Work with Another’s Meters
At a recent in-house CLE event, Joseph Re, Partner at Knobbe Martens, presented an intellectual property year in review discussing important cases throughout 2016.
Mergers & Acquisitions: Structures, Terms and Considerations - IP Due DiligenceParsons Behle & Latimer
This document discusses IP due diligence considerations for mergers and acquisitions. It outlines key areas to examine such as patent portfolios, trademarks, copyrights, trade secrets, and potential liability. For each area, it lists important documents to review and issues to evaluate to fully understand the IP being acquired and any risks. The conclusion emphasizes that the scope of due diligence depends on the size of the acquisition and value of the IP, and that specialized IP attorneys should handle the review.
Knobbe Martens co-hosted a 2-hour seminar in Silicon Valley on Protecting Your Intellectual Property with a distinguished panel of global practitioners.
The document discusses 10 intellectual property pitfalls that startups should avoid. It provides an overview of different types of IP including trademarks, copyrights, patents, and trade secrets. Some of the key pitfalls discussed are underestimating the value of trademarks, over-trademarking, failing to do due diligence on trademarks, selecting weak trademarks, waiting too long to register trademarks, and failing to consider global intellectual property needs. The document provides advice on how startups can avoid these common pitfalls.
Partners Jon Gurka and Mauricio Uribe provided an overview of patent litigation in the United States. They provided insights and practical tips related to understanding patent litigation in the United States and developing effective litigation strategies, including phases, timelines and milestones, fees and costs, and legal remedies.
Speakers: Jon Gurka, Mauricio Uribe
The Trademark Review is a monthly newsletter prepared by Knobbe Martens attorneys covering relevant and current issues in trademark law.
In this Issue:
• Ron Paul’s Complaint to Regain RonPaul.org Constitutes Reverse Domain Hijacking
• MOTT’s for Baby Food Is Considered Primarily Merely a Surname
• Company Uses More than Is Reasonably Necessary to Advertise that its Test Strips Work with Another’s Meters
At a recent in-house CLE event, Joseph Re, Partner at Knobbe Martens, presented an intellectual property year in review discussing important cases throughout 2016.
Mergers & Acquisitions: Structures, Terms and Considerations - IP Due DiligenceParsons Behle & Latimer
This document discusses IP due diligence considerations for mergers and acquisitions. It outlines key areas to examine such as patent portfolios, trademarks, copyrights, trade secrets, and potential liability. For each area, it lists important documents to review and issues to evaluate to fully understand the IP being acquired and any risks. The conclusion emphasizes that the scope of due diligence depends on the size of the acquisition and value of the IP, and that specialized IP attorneys should handle the review.
Knobbe Martens co-hosted a 2-hour seminar in Silicon Valley on Protecting Your Intellectual Property with a distinguished panel of global practitioners.
The document discusses 10 intellectual property pitfalls that startups should avoid. It provides an overview of different types of IP including trademarks, copyrights, patents, and trade secrets. Some of the key pitfalls discussed are underestimating the value of trademarks, over-trademarking, failing to do due diligence on trademarks, selecting weak trademarks, waiting too long to register trademarks, and failing to consider global intellectual property needs. The document provides advice on how startups can avoid these common pitfalls.
Partners Jon Gurka and Mauricio Uribe provided an overview of patent litigation in the United States. They provided insights and practical tips related to understanding patent litigation in the United States and developing effective litigation strategies, including phases, timelines and milestones, fees and costs, and legal remedies.
Speakers: Jon Gurka, Mauricio Uribe
Knobbe Martens’ patent attorneys Russell Jeide and Scott Cromar hosted a seminar series on intellectual property basics for Temecula’s business community. Entrepreneurs, investors, startups, inventors and anyone interested in learning how intellectual property and patents can help their business will benefit from this presentation.
Partners Robb Roby and Mauricio Uribe provided an overview of Inter Partes Review (IPRs) procedures and strategies for challenging issued patents before the United States Patent and Trademark Office. They provided insights and practical tips related to understanding IPR practice in the United States and developing effective litigation strategies.
Speakers: Robb Roby, Mauricio Uribe
This document provides an overview of patent litigation processes in the United States. It discusses the typical stages of a patent infringement lawsuit, including the complaint, answer, discovery phases, claim construction, pre-trial motions, trial, and potential appeals. On average, patent lawsuits take around 2 years to resolve, with discovery being the longest phase at around 10-14 months. Very few patent cases, around 3%, make it to trial. The document also outlines potential remedies in patent cases such as lost profits, reasonable royalties, injunctions, enhanced damages, attorneys' fees and costs. Median litigation costs range from $1.9 million for cases under $10 million to over $5.2 million for cases over $25 million
Knobbe Martens' Partners Bil Bunker and Brenden Gingrich presented "Procedures, Pitfalls and Costs: Best Practices for Securing Foreign Patents " at the IP Impact 2012 seminar in McLean, Virginia on Wednesday, May 30, 2012. The seminar was designed for corporate counsel, C-Level executives, venture capitalists, entrepreneurs, IP managers and licensing executives.
Partner Michael Guiliana presented on "Best Practices for Employee, Contractor and Consulting Agreements" at the Association of Corporate Counsel - Southern California Chapter "DoubleHeader" event.
Partners Mauricio Uribe, Dan Altman and Jessica Achtsam gave a presentation on understanding the history and current state of the law involving willful infringement and enhanced damages under U.S. Patent Law. They provided insights and practical tips related to the evolving standard of care related to potential assertions of patent infringement.
Speakers: Mauricio Uribe, Dan Altman and Jessica Achtsam
Partner Agnes Juang, Ph.D. presented "Navigating the Patent Minefield" at SABPA's 9th Annual Biomedical Forum on Saturday, April 26, at the Crowne Plaza Hotel in Costa Mesa.
The event showcased a number of experts across the pharmaceutical, medical device, and diagnostics industries.
In view of the U.S. approval process for biosimilars, companies are gearing up to either produce their own biosimilar products, or to defend against their entry onto the market. While the Biologics Price Competition and Innovation Act (BPCIA) spells out many of the requirements, the pathway for approval is complicated. Our panel of experts discuss the features of the BPCIA and how it operates for both approved biologics as well as biosimilar entrants. They also make some predictions on its impact for life science companies.
The webinar is 60 minutes, complete with Q&A.
The U.S. Supreme Court recently made a significant change to the geographic location where patent infringement lawsuits may be filed. In TC Heartland v. Kraft Food Groups, decided on May 22, 2017, the Supreme Court unanimously limited the venue for patent suits against domestic corporations to either (1) the defendantʼs state of incorporation, or (2) where the defendant has a regular place of business and committed allegedly infringing acts. This decision represents a break from 30
years of precedent that allowed patent owners to sue essentially anywhere in the U.S. that the defendant sold the allegedly infringing products.
By Nicholas Zovko and Brandon Smith, Knobbe Martens
Derivation proceedings replace interferences for determining priority of invention under the America Invents Act (AIA). They decide whether one inventor derived an invention from another inventor without authorization. Regulations for derivation proceedings are not finalized yet as the earliest AIA patent applications will not be filed until 2013. The Patent Trial and Appeal Board will determine whether a named inventor derived a claimed invention from another inventor's application without permission. Parties can appeal decisions to the Court of Appeals for the Federal Circuit or settle proceedings confidentially through binding arbitration. Evidence of how an invention was disclosed or made available to other inventors may be important for derivation proceedings.
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this issue:
Licensing to Foreign Manufacturers Satisfies Domestic Industry
Appeal Found to Be Moot in Light of “Side Bet”
Mere Design Choice Leads to Obviousness Finding
Design Patent Infringement Complaint Survives Dismissal
Our panel of Knobbe Martens partners hosted this complimentary and informative webinar to discuss the state of software and hardware IP protection and enforcement.
Challenges to obtaining broad software and hardware IP protection are coming from every side. The Supreme Court may decide this year whether certain software even qualifies as patentable subject matter. The USPTO is also examining certain types of software applications with higher scrutiny.
Many recent decisions at the Federal Circuit have made it harder to enforce the IP that you do obtain. In addition to those difficulties, pending patent reform legislation may force a “loser pays” approach in court, where a company may have to pay millions of dollars in legal fees if they don’t win their litigation.
Our panel explained these issues, and provided real-world strategies to help maximize the protection and enforcement of your intellectual property.
The document summarizes key takeaways from a presentation on post-grant proceedings and recent Supreme Court patent cases. It discusses statistics on inter partes review outcomes, reasons for denying petitions and claims surviving review. It also analyzes the impact of recent Supreme Court cases that lowered standards for fee shifting in patent cases and required a single actor for direct infringement. The document advises patent drafters and litigators on strategies in view of these legal developments.
The document discusses key issues for patent attorneys regarding biosimilar applications under the Biologics Price Competition and Innovation Act. It outlines the process for demonstrating biosimilarity and interchangeability to the FDA. It also summarizes the patent exchange process that is triggered by biosimilar applications, noting the short timeframes involved. The document advises patent holders to carefully review their portfolios and licensing agreements in preparation for biosimilar litigation given the tight deadlines of the patent exchange process.
At a recent in-house CLE event, John Sganga, Partner and the firm's Litigation Practice Group Chair, presented an intellectual property year in review discussing important cases throughout 2015.
Freedom to Operate in the Pharmaceutical SectorAdrian Bradley
This presentation covers the essential aspects of planning and executing a freedom to operate or patent clearance exercise in the pharmaceutical sector. It deals with the search phase, the analysis phase and the follow-up phase. It is relevant for in-house IP attorneys and development managers.
How to Protect Your Intellectual Propertyideatoipo
This document provides an overview of strategies for protecting intellectual property. It discusses the differences between types of intellectual property like patents, trademarks, and copyrights. It then focuses on patent strategies, explaining how to integrate strategies into patent applications by focusing claims, using a broad specification, and keeping applications alive. Strategies directly influence patent value by strengthening the patent and showing demand. The document provides tips for evaluating if a patent application has been created well and clearly demonstrating patent infringement.
Knobbe Martens’ patent attorneys Russell Jeide and Scott Cromar hosted a seminar series on intellectual property basics for Temecula’s business community. Entrepreneurs, investors, startups, inventors and anyone interested in learning how intellectual property and patents can help their business will benefit from this presentation.
Partners Robb Roby and Mauricio Uribe provided an overview of Inter Partes Review (IPRs) procedures and strategies for challenging issued patents before the United States Patent and Trademark Office. They provided insights and practical tips related to understanding IPR practice in the United States and developing effective litigation strategies.
Speakers: Robb Roby, Mauricio Uribe
This document provides an overview of patent litigation processes in the United States. It discusses the typical stages of a patent infringement lawsuit, including the complaint, answer, discovery phases, claim construction, pre-trial motions, trial, and potential appeals. On average, patent lawsuits take around 2 years to resolve, with discovery being the longest phase at around 10-14 months. Very few patent cases, around 3%, make it to trial. The document also outlines potential remedies in patent cases such as lost profits, reasonable royalties, injunctions, enhanced damages, attorneys' fees and costs. Median litigation costs range from $1.9 million for cases under $10 million to over $5.2 million for cases over $25 million
Knobbe Martens' Partners Bil Bunker and Brenden Gingrich presented "Procedures, Pitfalls and Costs: Best Practices for Securing Foreign Patents " at the IP Impact 2012 seminar in McLean, Virginia on Wednesday, May 30, 2012. The seminar was designed for corporate counsel, C-Level executives, venture capitalists, entrepreneurs, IP managers and licensing executives.
Partner Michael Guiliana presented on "Best Practices for Employee, Contractor and Consulting Agreements" at the Association of Corporate Counsel - Southern California Chapter "DoubleHeader" event.
Partners Mauricio Uribe, Dan Altman and Jessica Achtsam gave a presentation on understanding the history and current state of the law involving willful infringement and enhanced damages under U.S. Patent Law. They provided insights and practical tips related to the evolving standard of care related to potential assertions of patent infringement.
Speakers: Mauricio Uribe, Dan Altman and Jessica Achtsam
Partner Agnes Juang, Ph.D. presented "Navigating the Patent Minefield" at SABPA's 9th Annual Biomedical Forum on Saturday, April 26, at the Crowne Plaza Hotel in Costa Mesa.
The event showcased a number of experts across the pharmaceutical, medical device, and diagnostics industries.
In view of the U.S. approval process for biosimilars, companies are gearing up to either produce their own biosimilar products, or to defend against their entry onto the market. While the Biologics Price Competition and Innovation Act (BPCIA) spells out many of the requirements, the pathway for approval is complicated. Our panel of experts discuss the features of the BPCIA and how it operates for both approved biologics as well as biosimilar entrants. They also make some predictions on its impact for life science companies.
The webinar is 60 minutes, complete with Q&A.
The U.S. Supreme Court recently made a significant change to the geographic location where patent infringement lawsuits may be filed. In TC Heartland v. Kraft Food Groups, decided on May 22, 2017, the Supreme Court unanimously limited the venue for patent suits against domestic corporations to either (1) the defendantʼs state of incorporation, or (2) where the defendant has a regular place of business and committed allegedly infringing acts. This decision represents a break from 30
years of precedent that allowed patent owners to sue essentially anywhere in the U.S. that the defendant sold the allegedly infringing products.
By Nicholas Zovko and Brandon Smith, Knobbe Martens
Derivation proceedings replace interferences for determining priority of invention under the America Invents Act (AIA). They decide whether one inventor derived an invention from another inventor without authorization. Regulations for derivation proceedings are not finalized yet as the earliest AIA patent applications will not be filed until 2013. The Patent Trial and Appeal Board will determine whether a named inventor derived a claimed invention from another inventor's application without permission. Parties can appeal decisions to the Court of Appeals for the Federal Circuit or settle proceedings confidentially through binding arbitration. Evidence of how an invention was disclosed or made available to other inventors may be important for derivation proceedings.
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this issue:
Licensing to Foreign Manufacturers Satisfies Domestic Industry
Appeal Found to Be Moot in Light of “Side Bet”
Mere Design Choice Leads to Obviousness Finding
Design Patent Infringement Complaint Survives Dismissal
Our panel of Knobbe Martens partners hosted this complimentary and informative webinar to discuss the state of software and hardware IP protection and enforcement.
Challenges to obtaining broad software and hardware IP protection are coming from every side. The Supreme Court may decide this year whether certain software even qualifies as patentable subject matter. The USPTO is also examining certain types of software applications with higher scrutiny.
Many recent decisions at the Federal Circuit have made it harder to enforce the IP that you do obtain. In addition to those difficulties, pending patent reform legislation may force a “loser pays” approach in court, where a company may have to pay millions of dollars in legal fees if they don’t win their litigation.
Our panel explained these issues, and provided real-world strategies to help maximize the protection and enforcement of your intellectual property.
The document summarizes key takeaways from a presentation on post-grant proceedings and recent Supreme Court patent cases. It discusses statistics on inter partes review outcomes, reasons for denying petitions and claims surviving review. It also analyzes the impact of recent Supreme Court cases that lowered standards for fee shifting in patent cases and required a single actor for direct infringement. The document advises patent drafters and litigators on strategies in view of these legal developments.
The document discusses key issues for patent attorneys regarding biosimilar applications under the Biologics Price Competition and Innovation Act. It outlines the process for demonstrating biosimilarity and interchangeability to the FDA. It also summarizes the patent exchange process that is triggered by biosimilar applications, noting the short timeframes involved. The document advises patent holders to carefully review their portfolios and licensing agreements in preparation for biosimilar litigation given the tight deadlines of the patent exchange process.
At a recent in-house CLE event, John Sganga, Partner and the firm's Litigation Practice Group Chair, presented an intellectual property year in review discussing important cases throughout 2015.
Freedom to Operate in the Pharmaceutical SectorAdrian Bradley
This presentation covers the essential aspects of planning and executing a freedom to operate or patent clearance exercise in the pharmaceutical sector. It deals with the search phase, the analysis phase and the follow-up phase. It is relevant for in-house IP attorneys and development managers.
How to Protect Your Intellectual Propertyideatoipo
This document provides an overview of strategies for protecting intellectual property. It discusses the differences between types of intellectual property like patents, trademarks, and copyrights. It then focuses on patent strategies, explaining how to integrate strategies into patent applications by focusing claims, using a broad specification, and keeping applications alive. Strategies directly influence patent value by strengthening the patent and showing demand. The document provides tips for evaluating if a patent application has been created well and clearly demonstrating patent infringement.
The document discusses various intellectual property protections including patents, trademarks, designs, and copyright. It focuses on patents, explaining that patents provide exclusivity over an invention for a limited time. To be patentable, an invention must be novel, non-obvious, and sufficiently disclosed. The document provides tips for startups on developing a filing strategy, determining ownership of inventions, and managing costs associated with patent prosecution.
Intellectual Property Information for Postgraduate students by Philip Hoekstrapvhead123
The document discusses Research Contracts & Intellectual Property Services (RCIPS) at a university. It provides an overview of RCIPS, its organizational structure, and the various forms of intellectual property (IP) and methods of protecting IP. Key types of IP discussed include patents, trademarks, copyright, and designs. The document outlines the patenting process, costs involved, and how the university assists with patenting inventions by its researchers and post-graduates. Maintaining confidentiality during the patenting process is also addressed.
IP rights are an important class of intangible assets that can be assigned or licensed to generate revenue. Indeed, some companies do not make or sell products; their entire revenue is derived from the licensing of their patents. Suffice it to say, licensing revenue has become a significant source of value in the global intellectual property economy. This webinar will help you better understand the complex legal issues associated with IP transactions.
Part of the webinar series: INTELLECTUAL PROPERTY 201 - 2022
See more at https://www.financialpoise.com/webinars/
Traklight Webinar with Shane Olafson and Kyle Siegal on Patent Dos and Don'ts...Traklight.com
A discussion of patent tips for startups, including:
- Carefully allocating precious startup funding
- Properly limiting disclosure of new products and concepts
- Understanding patent application timelines
- Knowing when a provisional application may be appropriate
Things to Consider Before You File (Series: IP 301 Post-Grant Review Trials 2...Financial Poise
This segment will delve into considerations that come into play when filing or responding to post-grant review proceedings. These considerations include issues of real party in interest, timing, and substantive arguments.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/things-to-consider-before-you-file-2020/
Potential liability issues can arise for lawyers who perform or handle patent and trademark searches. Searches involve complex legal and technical analysis that requires careful documentation and client communication. An inadequate or negligent search could result in a malpractice claim if a pertinent patent is missed, leading to infringement claims or wasted R&D costs. While legal authorities provide little direct guidance, lawyers have duties of competence, diligence, and candor that require properly advising clients about search methodologies, limitations, and disclaimers in writing. Failure to conduct a reasonable search or keep clients informed may form the basis for a legal malpractice lawsuit.
IP-301 POST-GRANT REVIEW TRIALS 2022 - Things to Consider Before You FileFinancial Poise
This segment will delve into considerations that come into play when filing or responding to post-grant review proceedings. These considerations include issues of real party in interest, timing, and substantive arguments.
Part of the webinar series: IP-301 POST-GRANT REVIEW TRIALS 2022
See more at https://www.financialpoise.com/webinars/
Georgetown Univ. Law Center Conference: Strategies for Worldwide Patent Litig...WilmerHale
From The Georgetown University Law Center Conference: The Changing Patent Landscape held on March 23, 2015.
This presentation covers:
- Trend toward globalization of IP litigation
- The world is becoming increasingly interconnected
* Global supply and distribution chains
* Markets outside the U.S. taking on even greater importance
* Proliferation of standards
- Litigation outside the U.S. may offer important strategic advantages
IP rights are an important class of intangible assets that can be assigned or licensed to generate revenue. Indeed, some companies do not make or sell products; their entire revenue is derived from the licensing of their patents. Suffice it to say, licensing revenue has become a significant source of value in the global intellectual property economy. This webinar will help you better understand the complex legal issues associated with IP transactions.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/buying-selling-ip-2020/
Larsen & Birkeholm (L&B) is a Danish intellectual property consulting firm established in 1973 that offers patent, trademark, and design registration services. They employ experienced attorneys to help clients manage, protect, and commercialize their intellectual property. L&B offers favorable initial consultations to assess clients' ideas and provide recommendations on obtaining appropriate intellectual property protections such as patents, trademarks, or design registrations. If clients choose to register through L&B, the initial consultations are provided free of charge. L&B's goal is to help clients efficiently protect their intellectual property.
PGRT Basics (Series: IP 301 Post-Grant Review Trials 2020)Financial Poise
This segment will discuss the statutory and procedural background of post-grant review proceedings. It will discuss the types of proceedings available and provide a high-level discussion of how the proceedings are conducted.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/pgrt-basics-2020/
Buying & Selling IP (Series: Intellectual Property 201)Financial Poise
IP rights are an important class of intangible assets that can be assigned or licensed to generate revenue. Indeed, some companies do not make or sell products; their entire revenue is derived from the licensing of their patents. Suffice it to say, licensing revenue has become a significant source of value in the global intellectual property economy. This webinar will help you better understand the complex legal issues associated with IP transactions.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/buying-selling-ip-2021/
The document describes the Stanford model for managing inventions from initial disclosure through patent prosecution, marketing, licensing, and spin-off company formation. It involves outreach to faculty and staff, evaluation of patentability, authorization for patent filing, management of patent prosecution, marketing and licensing efforts, and assistance in commercializing inventions through licensing agreements or new companies. The General Patent Corporation (GPC) aims to help individual inventors and research institutions realize value from their intellectual property and ensure the patent system works for all patent owners. GPC provides advisory services, IP valuation, licensing, and assertive patent licensing on a contingency basis.
variety of industries and private practitioners attend this event for worthwhile benchmarking and networking with the “who’s who” of the 337 bar, including senior decision-makers from the ITC, companies and practitioners involved in some of the most high profile cases to date.
Zeev Fisher Company Ip Policy In Light Of An Upcoming CrisisMIT Forum of Israel
The document discusses intellectual property trends and recommendations for companies. It notes that the patent landscape has become more challenging in recent years due to backlogs and anti-patent sentiment. However, granted patents are now more valuable assets that can be sold or licensed for revenue. The document recommends focusing patent strategies on important technologies, using alternatives like Patent Prosecution Highways to accelerate examination, and leveraging granted patents through licensing or enforcement to generate value from intellectual property portfolios.
Picking someone to write your patent is like picking a mechanic to fix your car. Unless you know something about patents (or cars) – you don’t know what you’ve bought until a long time after you have paid.
I started writing patents over 12 years ago. This presentation includes tips derived from my experience, as well as a primer on patents and the process for getting patents.
The propensity and speed of technology licensing: at LUISS Guido Carli Univer...Ian McCarthy
Licensing speed: There has been much research interest in the speed of innovation, although few consistent findings have emerged. In this study, we unpack the innovation process and focus on the commercialization stage to examine two questions: Which licensor and patent characteristics determine the speed of licensing? How does the speed of licensing impact the royalties and lumpsum payments to licensors? We addressed these questions by proposing that licensing speed is influenced by variables for licensor prominence (size and experience), licensor knowledge structuration (technological depth, technological breadth and experience), and patent appeal (forward citations, scope and complexity). We predict and find that these variables work to increase the size, complexity and duration of the licensing-out task, while also allowing licensors to take their time to review, negotiate and select agreements with higher royalty rates. These findings are counter to arguments for a fast-paced innovation strategy, as it suggests that for the commercialization stage of the innovation process the relationship between licensing speed and licensor royalty
rates rewards a ‘less haste, greater payoff approach.
Employment law update - Browne Jacobson Exeter - 06 February 2020Browne Jacobson LLP
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR Managers and HR Directors.
At these events we will present an overview of what we consider to be the most significant developments in 2019, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2020, and how you can get ready for what will be another busy year in employment law.
This document discusses school exclusions and provides guidance on the topic. It begins with an overview of the exclusions landscape and key documents related to exclusions. It then outlines prospective changes being made to exclusions policy, including recommendations from the Timpson Review. The exclusions process is explained as a multi-stage process involving the head teacher's decision, governing board review, and potential independent review panel. Finally, tips are provided to avoid common pitfalls in the exclusions process related to issues like SEND, documentation, and timelines.
Procurement workshop training slides - Birmingham sessionBrowne Jacobson LLP
Managing procurement risks and challenges aims to increase understanding of procurement processes and risks, and knowledge of risk mitigation strategies. The document outlines several procurement stages and associated risks, including pre-market engagement, selection, tendering, contract award, and modifications. Key risks include challenges from bidders, non-compliance with regulations, undisclosed evaluation criteria, and substantial contract changes. Mitigation strategies include transparency, equal treatment of bidders, thorough documentation, and compliance with regulations.
Local authority acquisition and disposal of land - July 2019Browne Jacobson LLP
Ongoing austerity requires authorities to “sweat their assets” and land holdings are a significant focus for the generation of revenue and capital. These slides cover commercial and public law considerations in relation to:
- Powers to acquire land
- Powers to invest through land acquisition including investment purchases
- Potential barriers to disposal
- Powers to appropriate land
- Planning permission
- Powers to dispose of land
- Pre-conditions relating to disposal of land
- A capital receipt or a revenue stream
- Development vehicles and options
- Who do you need to be able to satisfy as to the legality of land transactions
Your employees, their future employers, and your intellectual property - July...Browne Jacobson LLP
Innovation and creativity is driven by your people. How do you as a business encourage innovation, capture the relevant IP assets and reward your innovators? What happens when a key individual leaves the business – how do you ensure that your R&D crown jewels remain legitimately protected? In a market of ever increasing competitive collaboration, setting up the right strategy to ensure the appropriate safeguards are in place and are communicated to your employees is important.
At this Public Sector Planning Club we reviewed:
- Recent developments in planning law, including cases and guidance
- Consideration of the use of planning conditions, including the appropriate use of pre-commencement conditions
- The powers available for stopping up and diverting highways, when these may be used, and points to consider
Browne Jacobson, Deloitte and DoctorLink are pleased to invite you to our first joint health tech seminar with leading industry thought leaders. This will be a practical session, sharing experience from across the NHS and beyond to inform options on how to improve services, break down silos and focus on population health outcomes.
This event is exclusively for Commissioners, GPs, and Policymakers keen to understand how new integrated care systems and models of care can meet the needs of their local population and can be implemented pragmatically and affordably to drive improvement goals and achieve better health, better care and better value.
Education Law Conference Manchester - Monday 10 June 2019Browne Jacobson LLP
1. Implement a clear, well-publicized complaints procedure that outlines appropriate steps and timelines.
2. Address social media issues promptly by controlling the narrative and responding diplomatically or ignoring depending on the circumstances.
3. Understand when the law can help, such as the Protection from Harassment Act for addressing vexatious complaints.
4. Escalate complaints appropriately and clarify the desired outcome to resolve issues efficiently. Stand back when complaints are really about private disputes rather than the school.
Designed to inform, challenge and enliven your perspectives, our packed agenda was designed to provide innovative ideas and fresh perspectives. With a headline session on the management of transgender children needs within a school setting, we aim to provide you with the advice and guidance that the sector currently lacks.
Other topics included:
learning from child death inquests
good governance – so much more than compliance
managing difficult parents and their complaints.
The IICSA has a number of investigative streams, and one of its areas of focus is Accountability and Reparations. It has already recommended that the Government sets up a Payment Scheme for former Child Migrants, and the Government has acted upon it.
Is a redress scheme the way forward for abuse claims? How might it impact your organisation? We are helping more and more organisations explore the pros and cons of redress schemes so that they can decide whether a scheme is right for them and what the longer term impacts might be.
Our Birmingham Claims Club event will cover the following:
- Civil Liability Act 2018
- Freedom of Information Act requests - including 'Information Law, why is it relevant?'
- Brexit and local government
Our London Claims Club event will cover the following:
- Civil Liability Act 2018
- Freedom of Information Act requests - including 'Information Law, why is it relevant?'
- Brexit and local government
Our Admin and Public Law seminar, chaired by Sir Robert Devereux, former Permanent Secretary for the Department for Work and Pensions was held on Thursday 4 April, covering the following topics:
- 'wearing two hats' - managing the legal risks of conflicts of interest and allegations of pre-determination/bias
- information law update session - freedom of information (FOI) cases, General Data Protection Regulation (GDPR)
- case law update
- judicial review - tactics for dealing with judicial review and case law
In this webinar recording, Selina Hinchliffe, Alex Kynoch, Nick Smee and Helen Jones hold a panel discussion covering some of the key state aid concepts and how this impacts ownership and licensing of intellectual property, both from a commercial partner, public body and university perspective.
Whilst you’ve been distracted with Brexit and what that means for your business, you’ve probably missed some significant changes in the law. In our March forum we covered:
- contract changes (what they mean to your supply chain, customers and suppliers)
- data protection (the challenges of becoming a 'third country')
- legal privilege and internal investigations (practical tips following SFO V ENRC)
- employment law (changes to employment law you need to be aware of)
- banking - your banking covenants (what to be aware of - particularly in the event of a downturn ahead)
- property (end of lease issues for business owners).
For further training and resources visit our webpage - https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
Every business, and every in house lawyer, will at some point be involved with an enquiry, an investigation, or potential litigation. During litigation, documents – including emails, attendance notes and reports – which are relevant to the litigation may have to be disclosed if they are not privileged.
So businesses need to know how it can assess litigation risk or conduct an enquiry without creating documents that it then has to produce and which may be detrimental to its position. The law on this issue has recently been considered by the Court of Appeal in two key cases: WH Holding Ltd v E20 Stadium LLP and SFO v Eurasian Natural Resources Corp Ltd.
In this webinar recording, our experts Mark Daniels and Helen Simm provide you with the key information you need to identify these issues when they arise and to know how you can best protect your position.
We are all waiting with bated breath for the Supreme Court decision in CN & GN, a case which will have a huge practical impact on service providers. Previously the Court of Appeal was dismayed about the damages claims, that had been litigated with little regard to, or understanding of, the law and reality of social care practice. Some of the team involved in the case discus what might happen next, and analyse the practical effect for you of the Supreme Court judgment.
Whilst that judgment has been awaited many claims have been on ice, but to fill that gap we are seeing many of our clients being affected by:
- pressure to consider Redress Schemes
- the Independent Inquiry into Child Sexual Abuse
- claims being brought directly against them as fostering agencies
- claims under the Human Rights Act
- issues following the implementation of GDPR.
For further information and training visit our webpage - https://www.brownejacobson.com/insurance
In this practical session we explored the legal duties of directors and the difficulties which they may face. The session focussed on individuals who are directors for public sector companies, including their role, obligations and competing interests which may arise.
At our February planning club we covered the following topics:
- planning performance agreements
- expert evidence in planning inquiries
- certificates of lawful use.
For further information and training visit our webpage - https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
Mental health, capacity and deprivation of liberty case law update, February ...Browne Jacobson LLP
Rebecca Fitzpatrick looks at some of the most recent leading cases in relation to the Mental Health Act and Deprivation of Liberty, including the Supreme Court’s important decisions of 'MM' and 'PJ' which consider the interaction between the Mental Health Act and deprivation of liberty in the community. Rebecca also covered the subsequent case of 'AB' which focuses on the role of the High Court’s inherent jurisdiction in these types of cases, and the recent final report from the Mental Health Act independent review chaired by Professor Sir Simon Wessely.
Safeguarding Against Financial Crime: AML Compliance Regulations DemystifiedPROF. PAUL ALLIEU KAMARA
To ensure the integrity of financial systems and combat illicit financial activities, understanding AML (Anti-Money Laundering) compliance regulations is crucial for financial institutions and businesses. AML compliance regulations are designed to prevent money laundering and the financing of terrorist activities by imposing specific requirements on financial institutions, including customer due diligence, monitoring, and reporting of suspicious activities (GitHub Docs).
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
A Critical Study of ICC Prosecutor's Move on GAZA WarNilendra Kumar
ICC Prosecutor Karim Khan's proposal to its judges seeking permission to prosecute Israeli leaders and Hamas commanders for crimes against the law of war has serious ramifications and calls deep scrutiny.
The presentation deals with the concept of Right to Default Bail laid down under Section 167 of the Code of Criminal Procedure 1973 and Section 187 of Bharatiya Nagarik Suraksha Sanhita 2023.
6. header 2
Fujifilm v AbbVie
[2017] EWHC 395 (Pat)
• The problem
– Cascading divisionals
– Threat of legal
proceedings
• The power
– Declarations can be
granted if they serve a
useful purpose
• The solution
– Declaration that a product
was obvious at a given
date
7. header 2 IPEC Costs Cap
• PPL v Hagan [2016] EWHC 3076
(IPEC)
– If a Claimant beats a Part 36
offer, it gets costs on the
indemnity basis which are not
subject to the costs cap
• Proposals
– An uplift on recovery, but still
subject to a cap
– Additional damages
34. Commercial considerations
• Patents cost money.
• Board, shareholders investors all want return on
investment from patents
• Starting point is the commercial strategy of the
business
• How can patents be used to fulfil that strategy?
35. Filing vs acquisitions, or a mixture
• File patents on all R&D, or on core business of
the company and/or core business of
competitors
• Keep an eye on patent filings which read on to
business and/or those of competitors and
acquire patents as and when required
– may not be possible to acquire & risks infringement of
third party patents
36. Offensive or defensive strategy
• Allow budget for funding assertion and defence
of patents
– How much is proportionate to fulfil business strategy
– Insurance? Policy price + excess
• Sales and licensing
– Value from patents which are not core to business
40. Patent licensing
• Licensing patents can be lucrative
• are you utilising the invention yourself?
• if not, can 3rd parties utilise?
• Licenses can be as simple or complex as
required based on what you are trying to achieve
• The “Tea Bag”
• IBM
41. Trends
• more and more patents are being granted
worldwide
• but only 50% of all UK patented inventions are
used by their applicant
• almost 20% of UK patents are licensed
• opportunities to tap in to patent licensing
42. Trends
• The landscape is secretive and opaque – very
rarely publicised – let’s piece together some of
the trends
• It is a more competitive and difficult licensing
environment than historically the case
43. Trends
• R & D
• Rise of “Mega Licensing”
• Board room interest in IP Strategy
• Increase in Patents filed
• Companies more willing to check validity of
individual patents
• Licensee’s productive capacity and expertise in
local markets
44. Consequences
• Do your homework in advance.
• Look at collaboration models.
• Enforce actively.
46. Actavis v Eli Lilly
Freedom to Operate and Related
Issues
Mark Daniels – Browne Jacobson LLP
47. • Freedom to Operate (FTO)
– Identify your product/process
– Search of patent literature
– FTO review
– Purchasing / licensing
– Designing around
– Clearing the path
– Securing patent protection (defensive publication)
48. • How do I know if my product/process would
infringe in the UK?
– Three landmark cases:
– Catnic [1982] RPC 183
– Improver [1990] FSR 181
– Kirin Amgen [2005] RPC 9
49. • Actavis v Eli Lilly [2017]UKSC 48
• Two questions:
– Notional addressee of the patent (person skilled in
the art)
• (1) does the variant infringe the claim as a
matter of normal interpretation?
– Art 69 EPC (claims – using description and drawings)
– Protocol (protection vs legal certainty)
– “Normal” = contextual (purposive) literal
construction?
50. • (2) Does the variant nonetheless infringe
because it varies from the invention in
immaterial way(s)?
– Reformulation of the Improver/Protocol Questions:
– Does the variant achieve substantially the same result in substantially
the same way as the invention (ie the inventive concept)?
– Would it be obvious to the person skilled in the art, reading the patent
at the priority date, but knowing that the variant achieves substantially
the same result as the invention, that it does so in substantially the
same way as the invention?
– would such a reader of the patent have concluded that the patentee
nonetheless intended that strict compliance with the literal meaning of
the claim(s) of the patent was an essential requirement of the
invention?
51. • A UK doctrine of equivalents
– Closer into line with French and German position
– Indication of UPC approach?
• Significant impact on your FTO analysis
– Variants achieving substantially the same results, in
substantially the same way
• Expert evidence
– A more complex minefield to traverse