Legal Blogs

What is a Patent Term Extension and How Do I Get One?

Posted by Brandon Selinsky on May 3, 2017

For some types of inventions, such as new and nonobvious pharmaceutical compositions, securing a patent from the federal government is only half the battle. In addition to obtaining patent rights, pharmaceuticals and other compositions that might be consumed by humans are required to undergo a review process conducted by the Federal Food and Drug Administration.

Patent rights prevent others from making, using, selling or importing the patented invention. But patent rights are only enforceable for a set amount of time (twenty years from their filing date), and the prosecution of the patent application can take a number of years on its own. But even if a patent is issued for a novel pharmaceutical composition, that does not mean that the pharmaceutical company can immediately go sell the product. New pharmaceuticals cannot go to market without FDA approval.

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Topics: Intellectual Property, International Law

4 Common Legal Opinions Concerning Patents

Posted by Brandon Selinsky on May 1, 2017

When it comes to obtaining patent protection for a new and nonobvious invention, there is a lot to consider. Obtaining intellectual property rights in the form of a patent often requires a huge investment of time and financial resources.

However, the benefits of obtaining patent protection can far outweigh the upfront costs. Since patents are such a valuable assets, but also a costly undertaking, many people who are considering filing for a patent or who have already obtained a patent find obtaining legal opinions concerning various aspects of their invention or patent can be reassuring.

Whether you are considering pursuing patent protection for an invention or you already hold a patent, there are many situations where you may need a legal opinion concerning your intellectual property. 

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Topics: Intellectual Property, International Law

Export Administration Regulations (EAR) Focused on Hacking

Posted by Dan McAuliffe on January 17, 2017

Don’t Be Like Those Guys

The Bureau of Industry and Security (BIS) has added five Russian entities to the Entities List that are now prohibited from doing business with the United States because they are involved in activities contrary to the national security or foreign policy of the United States.  This is meant to be a “tongue-in-cheek” reminder that the Federal government has export licensing requirements and the failure to follow these requirements results in a ban on doing any import/export-related business.  These entities violated the Government's Export Administration Regulations when they engaged in illegal hacking operations

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Topics: International Law

U.S. ITC Issues Groundbreaking Stay on Cease and Desist

Posted by Brandon Selinsky on December 22, 2014

Why did the USITC issue a stay on a cease and desist order?

On June 11, 2014, the United States International Trade Commission (“Commission”) issued a stay of a cease and desist order (“CDO”) for the first time in its history. The stay was issued in In the Matter of Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Positioning Adjustment Appliances, the Appliances Made Therefrom, and Methods of Making the Same.

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Topics: International Law

What is a Tax Inversion & Can it Save your Company Money?

Posted by Joseph Whitcomb on December 22, 2014

Apple, Inc. made headlines this year when it managed to avoid over $70 million in taxes that the U.S. said the company owed to the federal government. Estimates vary as to the amount of money Apple keeps offshore, but the numbers are consistently in the billions of dollars range.  In fact, forty and fifty billion dollars are numbers seen in some recent news stories on international tax.

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Topics: International Law

Decrease in Trade Deficit: Good News For U.S. Exporters

Posted by Joseph Whitcomb on December 22, 2014

What is a decrease in the trade deficit and what does it mean for U.S. Jobs Numbers?

Businesses involved in international trade were pretty happy recently when the Commerce Department announced that the total July exports of $198.0 billion and imports of $238.6 billion resulted in a goods and services deficit of $40.5 billion, down from the $40.8 billion in June.

More specifically, July imports were $1.6 billion more than June imports of $237.0 billion. This is the lowest deficit since January. Overall, the Commerce Department has reported that the growth in exports has steadily outpaced the growth in imports during the month of July, which has resulted in the narrower deficit.

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Topics: International Law

China’s Anti-Monopoly Law Could Spell Trouble With The WTO

Posted by Joseph Whitcomb on December 2, 2014

What does China's anti-monopoly law mean to international business transactions?

There is no such thing as a slow month in international trade law, particularly when it comes to China, which seems to make the news on a near daily basis.  This month was no exception as China made headlines for its application of an anti-monopoly law.

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Topics: Trademark Law, International Law

Why Canada’s Franchise Disclosure Legislation Can Affect Your Company

Posted by Joseph Whitcomb on August 29, 2014

Canada’s Franchise Disclosure Legislation

Due to its proximity to the United States, expanding operations into Canada is a natural progression for many companies, particularly those based out of northern states. Despite its physical proximity, businesses expanding into Canada still face the challenges of conducting an international business.  

One such challenge is knowing and ensuring compliance with foreign laws; consulting with an attorney is always recommended if you want to move past our northern border.

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Topics: International Law

US-China Relations: How Tires Cause Friction Between Nations

Posted by Joseph Whitcomb on July 31, 2014

US-China Relations: Where the Rubber Meets for the Road

US-China relations  is a fascinating case study in international law. The two superpowers seem to butt heads on everything. From trade rules to human rights, it seems more newsworthy when the two countries agree than when they disagree.

Recent news foreshadowed what may be the next source of tension between the countries: tires. The US International Trade Commission (US ITC) voted to begin an investigation into possible “dumping” of tires imported from China.

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Topics: International Law

WTO Issues Mixed Ruling In US-China Case

Posted by Joseph Whitcomb on July 19, 2014

Will WTO ruling intensify or lessen Chinese-U.S. tensions?

The World Trade Organization (WTO) Appellate Body issued a decision this week in an appeal by China to overturn a U.S. law, Public Law 112 – 99, as inconsistent with international trade rules.  Who won? It depends on who you ask, although both sides have issued statements claiming victory. The U.S. rule stands, but the body ruled in favor of China on another related issue.

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Topics: International Law