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How to Protect Valuable Intellectual Property despite California’s Policy against the Enforcement of Employee Covenants Not to Compete

How to Protect Valuable Intellectual Property despite California’s Policy against the Enforcement of Employee Covenants Not to Compete

December 19 2016

Our firm is frequently contacted by companies and small business owners who request that we prepare agreements for them that would prevent or limit their employees from engaging in competitive work following the end of the employment relationship. Specifically, what many businesses are looking for is to include a “covenant not to compete” or “non-compete …

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VIRTUAL PATENT MARKINGS

VIRTUAL PATENT MARKINGS

November 17 2016

The America Invents Act (AIA) allows patented products to be marked “virtually” by using a notice directing consumers to visit a site on the internet. See USPTO’s Report on Virtual Markings, September 2014.  To comply with virtual marking requirements, the owner must mark the product itself, or the product’s packaging if it is not possible …

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Overview Of The Trial Proceedings Conducted By The USPTO

Overview Of The Trial Proceedings Conducted By The USPTO

August 24 2014

The United States Patent and Trademark Office (USPTO) introduced several new trial proceedings that are now available for reexamining or challenging issued patents. These procedures are an attempt to streamline the process of reviewing issued patents, and to minimize the costs to challengers or patent owners, by providing a less costly alternative to litigation. While …

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When Is The Purchaser Of A Business Assets Liable For The Seller’s Liabilities?

When Is The Purchaser Of A Business Assets Liable For The Seller’s Liabilities?

August 22 2014

The issue of successor corporation liability has been the subject of many cases in California. When it comes to purchasing an existing corporation’s assets, you can never be too sure of the issues that will arise once the sale date passes and the agreement is complete. A corporate successor is a corporation that takes on …

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Attacking An Issued Patent Without Filing Suit

Attacking An Issued Patent Without Filing Suit

August 22 2014

Standards for Third Party Review of Issued Patents The Leahy-Smith America Invents Act replaced inter partes reexamination with a new proceeding similarly called an inter partes review proceeding. This process took effect on September 16, 2012, one year after enactment of the Leahy-Smith America Invents Act. Part of the changes implemented into the newer proceeding include the standard required …

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What is the difference between a California Close Corp, an S-Corp, and a C-Corp?

What is the difference between a California Close Corp, an S-Corp, and a C-Corp?

August 15 2014

In business discourse, particularly in California, one may hear the terms S Corp, C Corp, and Close Corp thrown around, sometimes interchangeably. However, each of these terms has a distinct meaning. This article seeks to explain each term and their implications to a California business. What is a corporation? A corporation is a fictional legal …

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