new and distinct

Plant Law: How Can I Know If My Cultivar Is New and Distinct for Patenting Purposes?

How Can I Know If My Cultivar Is New and Distinct for Patenting Purposes? “So how can I know if the cultivar I bred is really new and distinct enough for patenting, because I heard it’s required for a cultivar to be ‘new and distinct’ in order to be patentable?” Here’s my answer: It is […]

Plant Law: How Can I Know If My Cultivar Is New and Distinct for Patenting Purposes? Read More »

term sheet

Contracts and Negotiations: The Term Sheet – Avoiding the Battle of the Redlines

The Term Sheet – Avoiding the Battle of the Redlines Contracts and Negotiations Series “What we’ve got here is a failure to communicate.” – Captain, Cool Hand Luke In my career, I have seen the same problem crop up repeatedly when negotiating agreements. It may start innocently enough, but eventually it ends up in the

Contracts and Negotiations: The Term Sheet – Avoiding the Battle of the Redlines Read More »

technology audit

Freedom to Operate: Technology Audit – Identifying Infringement Risks

Technology Audit – Identifying Infringement Risks Freedom to Operate Series Don’t Get Derailed by a Surprise Patent Lawsuit Imagine, just as you are about to launch a new product, you are given notice that someone is seeking an emergency injunction against you for patent infringement.  You may have to put your product-launch on hold until

Freedom to Operate: Technology Audit – Identifying Infringement Risks Read More »

Kill a Business Deal

Contracts and Negotiations: How to Kill a Business Deal – Try to Eliminate All Risks

How to Kill a Business Deal – Try to Eliminate All Risks Contracts and Negotiations Series “You cannot make an omelet without breaking eggs.” – Robert Louis Stevenson This is the second in a series of posts about when lawyers get in the way of successful negotiations and agreements. To read other posts in this

Contracts and Negotiations: How to Kill a Business Deal – Try to Eliminate All Risks Read More »

Contracts and Negotiations: A One-Hour Fix to an Expensive, Months-Long Impasse

A One-Hour Fix to an Expensive, Months-Long Impasse Contracts and Negotiations Series This is the first in a series of blog posts on contracts and negotiations. I have been an attorney for over 25 years. During that time, I have seen some common problems with how contracts are negotiated and finalized. I’m hoping that this

Contracts and Negotiations: A One-Hour Fix to an Expensive, Months-Long Impasse Read More »

Freedom to Operate: Bad News (and Helpful Information) for Patent Owners

Bad News (and Helpful Information) for Patent Owners Freedom to Operate Series I have some bad news for patent owners. Hopefully, this isn’t actually news to you; if it is, you’re going to want to read closely. Don’t worry, though—there’s a solution. And you’ll be in better shape in terms of your risk management after

Freedom to Operate: Bad News (and Helpful Information) for Patent Owners Read More »