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

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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How to File a Trademark Application

USING TRADEMARKS TO PROTECT YOUR BUSINESS As mentioned in an earlier post, a trademark is a recognizable symbol, figure, slogan, or mark that is used by manufacturers or entrepreneurs to distinguish their product from competitor’s products. Trademark protection ensures that only the owner of the mark can use the trademark with the designated goods or …

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Inventors: Preparing to File a Patent Application

Entrepreneurs and independent inventors benefit from doing their own research and learning about the patent process before seeking guidance from a patent attorney. While a patent attorney should always be consulted prior to filing a patent application, there are several steps that can be taken by individuals before investing in the often expensive procurement process …

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Filing A Patent Application

Filing a Utility Patent Application Generally, the government will grant you a utility patent when you can show that you have developed something new, useful, and non-obvious. The standard for showing something new is pretty straight forward- that is, that the exact idea has not been developed before. Thus, if you have a new device, …

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Intellectual Property Guide for Entrepreneurs

What Intellectual Property Protection Makes Sense for your Business or Venture? When businesses, entrepreneurs, or individual inventors approach us with their ideas, the first question we seek to answer is whether the idea is one that can be protected. Protection may best be served by procurement of one or more patents, trademarks, or copyrights. Additionally, …

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In Patent Infringement One Word Makes all the Difference

In 2005, a pharmaceutical corporation named ScriptPro obtained a patent on a device relating to an automated prescription container dispensing system that automatically fills and labels pill bottles. See Scriptpro, LLC v. Innovation Associates, Inc., 2013-1561, 2014 WL 3844192, at * 1 (Fed. Cir. Aug. 6, 2014); COLLATING UNIT FOR USE WITH A CONTROL CENTER …

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Suing Competitors for Patent Infringement or Filing a Citizen Petition with the FDA May Violate Antitrust Laws

In addressing whether a competitor’s patent infringement suit and filing of a Citizen Petition with the Federal Drug Administration can result in the violation of antitrust laws, the Court of Appeals for the Federal Circuit affirmed a district court’s finding that the patentee’s assertion of the validity of its patents was a sham. The court …

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Earlier Employment Agreement Bars Tilly's Arbitration Motion Based on Subsequent Agreement

On August 6, 2014, the Court of Appeal for the State of California in Santa Ana certified for publication its earlier opinion affirming the ruling of judge Steven Perk of Orange County Superior Court. Reblledo v. Tilly’s Inc., G048624, Aug. 6, 2014. The court held that express terms in an employment arbitration agreement excluding “matters …

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Foreign Marketing Materials Relevant to Patent Infringement

In Amdocs Ltd. v. Openet Telecom, Inc. (Fed. Cir. 2014) the United States Court of Appeals for the Federal Circuit recently reversed the District Court for the Eastern District of Virginia in a case between competitors in the so called data mediation software industry. The case involves Amdocs Israel Limited (Amdocs), which sued Openet Telecom, …

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Should I Set Up My New Business in California or Nevada?

Generally, business owners who own and operate a business in California as a sole proprietorship or general partnership, may be considering establishing a more formal business entity, such as a limited liability company (LLC), corporation, or some other entity.  Such owners initially ask themselves where, i.e. in which state should I create this legal entity?  …

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Swatch Unable to Stop Beehive's Watch “SWAP” Trademark

If you were browsing for watches or watch accessories and saw a watch brand, SWATCH, sitting aside another watch brand, SWAP, would it be plausible to think the two were in some way related?  The District Court for the Eastern District of Virginia doesn’t think so, and the Court of Appeals for the Fourth Circuit …

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Markush Claims – What Are They, When Should I Use One, and How Do I Use One?

While many diverse areas of patent law are important to practicing competently, it is the claims which share center stage.  It is the claims which define and carve out the scope of the invention.  During the patent prosecution phase, it is the claims which are fought over.  And again during patent infringement suits, it is …

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