Technology & Intellectual Property Update

Currently, there is a split of judicial authority over whether and how a commercial website might be a place of public accommodation (“PPA”) under Title III of the Americans with Disabilities Act (“ADA”). Websites are a significant portal for access to commercial services and products, and they continue to grow […]

When preparing an estate plan, people generally have the goal of passing their real and personal property in an orderly way according to their wishes. As the world’s business activities are increasingly conducted electronically, however, people generally neglect to form a plan to deal with some of the assets they […]

Does the arbitration provision in your contract expressly provide for expedited discovery and emergency relief? If not, you may find yourself in arbitration versus judicial forum limbo if your case demands such actions to protect your company’s rights. Emergency relief may include relief such as motions for temporary restraining orders, […]

TTAB Decisions Have No Preclusive Effect In Federal Courts B&B Hardware, Inc. v. Hargis Indus. Inc., No. 10-3137, 3013 U.S. App. Lexis 8296 (8th Cir. E. D. Ark. May 1, 2013). This Eighth Circuit decision involved a longstanding legal battle between Hargis and B&B Hardware over a trademark for the […]

The political world is taking aim at entities whose business model is to generate licensing and settlement revenue by threatening companies with frivolous patent infringement lawsuits. Such entities are formally referred to as “patent assertion entities” (PAEs) but more commonly known as “patent trolls.”   PAEs tend to assert claims […]