Thought Leadership - Manatt, Phelps & Phillips, LLP

Will the Federal Circuit Bring the Hammer Down on Big Damages Claims?

On September 25, 2024, for only the second time since 2018, the U.S. Court of Appeals for the Federal Circuit granted a request for en banc review of a panel decision in a patent case.

Discretionary Denial Requires Compelling Analysis Only After Fintiv Factors Support Denial

In Commscope Techs. LLC v. Dali Wireless, Inc.¹ the Director of the U.S. Patent Office issued a precedential decision that discretionary denial requires the Patent Trial and Appeal Board (PTAB) to perform the compelling merits analysis that at least one claim is unpatentable only after first determining that Fintiv factors 1–5 support denial of institution.

Double Trouble for Double Patenting or When Does My Patent Expire?

The Federal Circuit recently clarified the interplay between obvious-type double patenting (ODP) and patent term adjustments (PTA) granted pursuant to 35 U.S.C. § 154(b).

FTC’s Proposed New Rule Prohibiting Fake Reviews and Testimonials

The Federal Trade Commission (FTC or Commission) has proposed a trade regulation rule to prohibit marketers from using deceptive practices in their product reviews and testimonials.

NYS Governor Hochul Delivers 2023 State of the State Address

On January 10, 2023, Governor Kathy Hochul delivered her second State of the State address, outlining her policy and fiscal agenda for the upcoming year.

Delaware Franchise Tax

A franchise tax is an annual tax a business entity is required to pay in a given jurisdiction as a result of being formed or organized, or for doing business, in that jurisdiction.

Tax, Delaware, Corporations, LLC, Limited Liability Company, Capitalization Table, Cap Table, Foreign Corporation, Domestic Corporation, Franchise Tax

SEC Makes Key Changes to Accredited Investor Definition

In its Final Rule issued on August 26, 2020, a divided Securities and Exchange Commission (SEC) expanded the group of individuals and entities permitted to invest in private securities by amending the definitions of “accredited investor” and “qualified institutional buyer.”

Selecting the Appropriate Structure for Your Startup

Founders must contend with many important decisions early in the life of a startup, including selecting the appropriate corporate structure.

Investment, Corporate Structure, C Corporation, S Corporation, LLC, Limited Liability Company, Incorporation, Founder, Formation

From the C-Suite to the Boardroom: Triaging Disruption in a Time of Crisis

As the novel coronavirus continues to threaten business as usual, companies are looking at their crisis response plans to triage disruption and ensure resiliency.

An Updated Practical Guide for Small Businesses to Obtain a Paycheck Protection Loan Under CARES Act

On April 2, 2020 and April 4, 2020, the Small Business Administration (SBA) issued unusual interim final rules (the Rules) providing further detail regarding Paycheck Protection Program loans under the CARES Act. The Rules will take effect immediately upon publication in the Federal Register.