April 11, 2013 | New Jersey Law Journal
Prenuptial Agreements for Intellectual Property Joint VenturesCounsel should encourage parties to consider all aspects of a potential joint venture. Like a marriage, every hope for the partnership is that it will be successful and full of good fortune. And like a good prenuptial agreement, the joint venture agreement should make the unwinding of the deal less painful.
By Anthony S. Volpe and Thomas Mattioli
7 minute read
December 19, 2011 | The Legal Intelligencer
Definition of 'Domestic Industry' Shifting in ITC PracticeIn recent years, actions before the U.S. International Trade Commission to exclude importation of allegedly unfairly competitive products have become the actions of choice.
By Anthony S. Volpe
9 minute read
June 03, 2009 | The Legal Intelligencer
Is There a Weak Link in Your Client's Chain?Although intellectual property is generally not thought about as being physical property, it is good to think of intellectual property in the same sense as real property.
By Anthony S. Volpe And Melissa D. Doogan
8 minute read
October 07, 2011 | Texas Lawyer
State and Federal Laws Control Patent Rights in Employment AgreementsA recent series of litigation has raised the issue of how an inventor's assignment obligation is created and how it is perfected.
By Melissa D. Doogan and Anthony S. Volpe
12 minute read
May 02, 2012 | The Legal Intelligencer
Improving the Likelihood You Own the IP RightsWith the increased interest in owning intellectual property, there is an ever-increasing number of deals being made to create, fund, buy, aggregate and spin off IP assets. At first, the belief is that this would not seem to create unusual problems because IP is an asset that can be bought and sold like any other asset. However, the reality is often different.
By Anthony S. Volpe and Carey Kulp
9 minute read
August 07, 2013 | The Legal Intelligencer
Advising Clients About Record-Keeping After the AIABy now, virtually everyone who represents business clients has heard of the America Invents Act (AIA) and understands that it has changed the landscape for acquiring both utility and design patents in ways that many did not expect. Some may also know that patent assertion entities (PAE), and nonpracticing entities (NPE), (both also known as patent trolls) have changed the landscape for patent enforcement action by commencing a record number of infringement litigations. It is the purpose of this article to discuss the impact these two facts have on counsel's advice to business clients and best practices for clients operating commercial entities. Regardless of the business under consideration, these facts advocate for timely and accurate record-keeping, even if the client is not interested in pursuing a utility or design patent. And, if the client is interested in pursuing a patent, they highlight the importance of filing patent applications as early as possible.
By Anthony S. Volpe
9 minute read
July 01, 2009 | The Legal Intelligencer
Fourth And Forever — Just Another Fantasy?Keeper rules, waiver wire, unauthorized trades and salary cap are all terms that were once limited to the front offices of sports teams and their general managers.
By Anthony S. Volpe
9 minute read
April 03, 2013 | The Legal Intelligencer
Are Entire Portions of the Color Palette Trademark-Eligible?In a November 9, 2012, article in The Legal, "Right 'Pop' of Color Can Be a Legally Protected Trademark," we discussed the case of fashion industry powerhouses Christian Louboutin, Christian Louboutin S.A. and Christian Louboutin LLC and Yves Saint Laurent America Holding Inc., Yves Saint Laurent S.A.S. and Yves Saint Laurent America Inc. doing battle over the color of soles on high fashion shoes.
By Anthony S. Volpe and Kristine L. Butler
8 minute read
December 14, 2012 | New Jersey Law Journal
Applying Patent Teachings in Products Liability CasesConducting a patent search and an investigation of the state of the patent art may yield fruitful evidence regarding the defect or relative safety of the product at issue in a products liability action.
By Anthony S. Volpe and Max S. Morgan
10 minute read
August 01, 2007 | Law.com
Philadelphia Plays Host to Sweeteners' High-Stakes LitigationThe city of Philadelphia evokes images of Independence Hall, the Liberty Bell, the Declaration of Independence and the constitutional conventions.
By Anthony S. Volpe
11 minute read
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