Category Archives: Intellectual Property

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AI is Here to Stay: Are You Prepared?

Machine Learning. Deep Learning. Data Mining. Predictive Analytics. Natural Language Processing. These are the buzzwords used to describe the pivotal artificial intelligence (AI) space. Companies in every industry, from automotive and electronics to financial services, health care and life sciences, are working to deploy these advanced technology methods in order to bring their innovations to … Continue reading this entry

Right Tool, Right Job: Smart Manufacturing Requires Focus on Intellectual Property

Public-Private Manufacturing Innovation Institutes Announced
The transition from traditional manufacturing techniques and technologies to techniques leveraging automation and data exchange technologies, cyber-physical systems, the Internet of things, cloud computing and cognitive computing, sometimes referred to as “Industry 4.0,” holds great promise for manufacturers but, like any change, also holds dangers for the unwary.    … Continue reading this entry

Trademarks, Bankruptcy, and Leverage: What Manufacturers and Other Trademark License Parties Should Know About A Potential Landmark Case Before the Supreme Court

On February 20, 2019, the United States Supreme Court heard oral arguments in the case Mission Products, Inc. v. Tempnology, LLC.  The case has important implications for manufacturers and other parties to trademark licenses when a trademark licensor files, or threatens to file, bankruptcy.  Lower courts including the First Circuit found that, in the event … Continue reading this entry

Brand Protection: Looking Beyond Trademarks to A Broader Arsenal of Intellectual Property Tools

tools
Manufacturers may assume that protection of their brands can only be achieved through trademark protection of names, logos, and slogans. In fact, a broad arsenal of intellectual property tools is available to ensure that third parties do not infringe a manufacturer’s rights in its brand and products.  This article discusses some of the tools under … Continue reading this entry

When a Promise Isn’t Enough – Crafting Proper Employee Patent Assignments

agreement
Manufacturers have an inherent interest in owning the intellectual property rights created by their employees in the course of performing their jobs.  Employees are the engine that drives a manufacturer’s innovations, but employees’ potentially patentable innovations only become the employer’s intellectual property if the proper patent assignment language is used.  All employees that may develop … Continue reading this entry

Automotive Industry Forum Preview: As the Auto Industry Transforms, It Grapples with Issues of Cybersecurity, IP & Connectivity

Automotive
By guest author Gregg Wirth of the Legal Executive Institute. The American automotive industry in no longer making your father’s Oldsmobile — not by a long shot. Today, pushed by evolving consumer behaviors, transformative technologies, and global market pressures, the automobile industry has entered a new industrial revolution where ingenuity and opportunity coalesce, and the tools of … Continue reading this entry

Protecting IP, Finding Investors, Navigating Legislation Drive Discussion at Foley’s Emerging Automotive Technologies Program

emerging
Fully connected and self-driving cars are here. Improvements to alternative energy sources for vehicles continue to advance at a rapid pace. The automotive industry is potentially facing dramatic new legal and regulatory challenges. And the road ahead shows no signs of slowing down.… Continue reading this entry

Consequential Damage Disclaimers in Supply Agreements

agreement
What is a consequential damage? This is the million (sometimes multimillion) dollar question.  According to Black’s Law Dictionary, consequential damages are “losses that do not flow directly and immediately from an injurious act but that result indirectly from the act.”[1]… Continue reading this entry

STRONGER Patents Act of 2017 Disadvantages Domestic Manufacturers

Workforce
In late June, Senators Coons, Cotton, Durbin, and Hirono introduced the STRONGER Patents Act of 2017.  The Act includes provisions that seek to heavily change the inter partes review and post-grant review processes. However, Sec. 108, which focuses on patent infringement, is the portion that may have the largest effect on hurting domestic manufacturing companies relative to their foreign counterparts.… Continue reading this entry

You’ve Gotta Keep ‘Em Separated

supreme court
The US Supreme Court’s ruling in Star Athletica v Varsity Brands provides a path to copyrightability for pictorial or graphical elements of clothing designs and useful articles. Laura Ganoza and Julie McGinnis of Foley & Lardner explain. The US Supreme Court issued its opinion in Star Athletica v Varsity Brands in March. In an effort … Continue reading this entry

Navigating Connected Cars in 2017: Data Protection

It’s a fact: today’s marketplace has given connected cars the green light. As an OEM or supplier accelerating to create products to meet industry demand, what challenges can you anticipate in 2017? Here is the second installment (following up our post on IP Protection) describing where we believe your attention should be focused during the … Continue reading this entry

Supreme Court Complicates Design Patent Damage Calculation

The Supreme Court issued a rare unanimous decision, on December 6, 2016, on the issue of damages for design patent infringement that continues the Apple v. Samsung smartphone legal odyssey. It also marks only the second time in over 100 years that the court has issued a substantive decision in a design patent case. But … Continue reading this entry

Update: Antitrust-Intellectual Property Licensing Guidelines

The Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) announced, on August 12, 2016, they are seeking public comments on the first update to the Antitrust Guidelines for the Licensing of Intellectual Property issued in 1995. The majority of the Proposed Guidelines update relevant authorities to reflect developments in … Continue reading this entry

Enjoy Your Labor Day!

The Manufacturing Industry Advisor team wishes you a safe and happy holiday weekend. We’ll be back to our regular posting soon. Thanks for your continued support of our blog!  … Continue reading this entry

The Brexit and Patent Law: What You Need to Know

Now that some time has passed since the Brexit vote, some of the ways in which the vote is likely to impact British patent law are becoming clearer. Here is a quick summary of some of the primary concerns. The UK Patents Act of 1977 The Brexit will not have direct impact the UK Patents … Continue reading this entry

Impact of Brexit for Intellectual Property Rights

A British vote to leave the European Union (EU)—the Brexit referendum issue scheduled for a vote on June 23, 2016 — would have a significant effect on intellectual property right-holders, such as manufacturers doing business in Europe, as IP rights are governed by numerous EU regulations. Bearing in mind the intricate economic relationship between the … Continue reading this entry

Cybersecurity Issues in Focus at Upcoming HNBA Conference

The Hispanic National Bar Association (“HNBA”) will gather for its annual corporate counsel conference on March 17, 2016 in Las Vegas, where presentations and discussion will focus on technology and cybersecurity issues that have the potential to significantly impact manufacturers in 2016 and beyond. The theme of the HNBA conference is “Embracing Technology,” and is further confirmation … Continue reading this entry

Happy Thanksgiving from the Manufacturing Industry Advisor Team

During this week of Thanksgiving, the Manufacturing Industry Advisor team wishes to thank all of you for reading, contributing to, and sharing our blog. Since this is a busy time of year for everyone, some of you might have missed a post or two over the last few weeks. For your convenience, linked below are some of our most recent and popular posts. … Continue reading this entry

Careful When Discussing IP With Others

Disclosing process, product, and other proprietary information is sometimes unavoidable, and manufacturers may be concerned such ideas may be stolen or shared. Beyond those basic concerns, the manner in which a manufacturer discloses ideas may actually impact the manufacturer’s future ability to obtain the relevant intellectual property (“IP”) protection. For example, launching a product where … Continue reading this entry