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Anthony S Volpe

Anthony S Volpe

April 11, 2013 | New Jersey Law Journal

Prenuptial Agreements for Intellectual Property Joint Ventures

Counsel 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 Practice

In 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 Agreements

A 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 Rights

With 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 AIA

By 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 Cases

Conducting 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 Litigation

The 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