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With Kimble v. Marvel Entertainment, LLC , the U.S. Supreme Court upheld the controversial Brulotte v.Thys Co. decision, which prohibited collection of patent-based royalties that accrue after patent expiration. The Court expressly supported alternative licensing terms and business arrangements to...

Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to developments during the first quarter of 2024. If you would like to discuss...

Intellectual Property 101 / Copyrights, Patents, and Trademarks…Oh My! Thomas Edison. Henry Ford. Steve Jobs. These three household names revolutionized modern society through the protections afforded to their intellectual property by U.S. patent laws. Traditionally a copyright attaches when the...

What's in a Name? The A to Z of Patent Inventorship Patent inventorship is a key element of protecting IP in both academia and industry and has given rise, in recent years, to high profile disputes and litigation. Proper inventorship determination is essential for researcher management, patent...

​Last week, the House Ways and Means Committee voted to advance the Tax Relief for American Families and Workers Act of 2024 (H.R. 7024) to the House floor. As drafted, H.R. 7024 would be funded entirely by limitations on the employee retention credit (ERC). Under the bill, no new ERC claims would...

As we previously have discussed, the IRS has for months been working to combat dubious Employee Retention Credit (ERC) claims, many of which were made at the urging of aggressive promoters. The IRS is offering a limited-time Voluntary Disclosure Program (VDP) to encourage taxpayers to come forward...