Intellectual Property Law

New Importance of Design Patents

Posted on August 02, 2012
Follow the link for an article on the startling new importance of design patents.  Design patents were formerly something of a backwater of patent law, but, as the article explains, a 125-year-old “sleeper” provision in the law could result in $2 billion of damages.

How to Protect Long-Term Investments in Operational Contracts (Full Article)

Posted on June 15, 2012
Consider one of the most difficult issues you?ll ever encounter when negotiating a contract: one party must make a large, long-term investment for the deal to work, but won?t sign the contract unless its investment (and its return on the investment, or ROI) is adequately protected...

10 Tips for Bringing Your Business to the Web

Posted on January 03, 2012
Starting up a business, or entering a new market channel, is never easy.  Starting a business on the World Wide Web (the web), or moving an existing ?offline? business there, requires not only effort and risk, but also demands new knowledge and skills...

Basic Tools for Dealmakers – Part 2 of 2

Posted on January 03, 2012
Continued from Part 1 You can use an Escrow to ensure the payment of money or delivery of property (such as source code of software) based on future conditions. The escrow agent, which may be a title agent, an escrow company or even your attorney, is the third party that holds money or property for [...

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Basic Tools for Dealmakers – Part 1 of 2

Posted on January 03, 2012
As a dealmaker, you have several tools at your disposal. They are often applied reactively as a deal progresses. If you survey your toolkit in advance, and apply the right tool to the right business need, you will close better deals, more quickly. Here are some helpful tools to keep close at hand...

Welcome to California: A Very Short Introduction to Several California Laws that Affect Out-of-State and Foreign Businesses

Posted on January 03, 2012
California is a leader in new trends and lifestyles, and a world leader in developing and commercializing new technologies. Also, however, California often ?goes its own way? when developing laws and regulations. Here are just a few of the quirks of California law that I raise most often with my clients both outside (and inside) [...

This Site is Being Updated

Posted on December 29, 2011
This website is being updated, December 29-30, 2011.

How to Become a Trusted Legal Advisor to Business Executives

Posted on December 14, 2011
Anne Kerwin Payne, an excellent legal recruiter whom I’ve known for years, asked several high-profile female General Counsel (GC’s) for their advice to junior attorneys who want to become a GC someday. Catherine Valentine, the GC of Logitech, responded with these useful tips on the best path to becoming a GC...

How to Become a Trusted Legal Advisor to Business Executives

Posted on December 14, 2011
Anne Kerwin Payne, an excellent legal recruiter whom I’ve known for years, asked several high-profile female General Counsel (GC’s) for their advice to junior attorneys who want to become a GC someday. Catherine Valentine, the GC of Logitech, responded with these useful tips on the best path to becoming a GC...

Facebook agrees to 20-Year Privacy Settlement with FTC

Posted on November 29, 2011
In a release today, the U.S. FTC announced that “Facebook has agreed to settle Federal Trade Commission charges that it deceived consumers by telling them they could keep their information on Facebook private, and then repeatedly allowing it to be shared and made public...

Participant Agreements for User Research & Usability Studies

Posted on October 31, 2011
I’ve just written a sidebar article about participant agreements for user research and usability studies.  It will be included in the book The Art and Craft of User Research Interviewing: Diving Deep for Insight by Steve Portigal to be published by Rosenfeld Media in 2012...

Participant Agreements for User Research & Usability Studies

Posted on October 31, 2011
I’ve just written a sidebar article about participant agreements for user research and usability studies.  It will be included in the book The Art and Craft of User Research Interviewing: Diving Deep for Insight by Steve Portigal to be published by Rosenfeld Media in 2012...

How to Protect Long-Term Investments in Operational Contracts (Technology Law Letter #10)

Posted on June 02, 2010
In this Newsletter How to Protect Long-Term Investments in Operational Contracts Cyberspace Primer Recently Released Fifth Anniversary Special: My Book, Protect Your Business with Non-Disclosure Agreements How to Protect Long-Term Investments in Operational Contracts Consider one of the most difficult issues you?ll ever encounter when negotiating a contract: one party must make a large, long-term investment for the [...

How to Protect Long-Term Investments in Operational Contracts (Technology Law Letter #10)

Posted on June 02, 2010
In this Newsletter How to Protect Long-Term Investments in Operational Contracts Cyberspace Primer Recently Released Fifth Anniversary Special: My Book, Protect Your Business with Non-Disclosure Agreements How to Protect Long-Term Investments in Operational Contracts Consider one of the most difficult issues you?ll ever encounter when negotiating a contract: one party must make a large, long-term [...

How to Protect Long-Term Investments in Operational Contracts

Posted on May 25, 2010
Consider one of the most difficult issues you?ll ever encounter when negotiating a contract: one party must make a large, long-term investment for the deal to work, but won?t sign the contract unless its investment (and its return on the investment, or ROI) is adequately protected...

Celebrating the 5th Anniversary of my Law Firm

Posted on February 03, 2010
It’s the fifth anniversary of the Boadwee Law Office! I am truly thankful for the wonderful clients, colleagues and friends who’ve made these 5 years a success. Please celebrate with me by getting a free electronic (ebook) copy of my book, Protect Your Business with Non-Disclosure Agreements.

Celebrating the 5th Anniversary of my Law Firm

Posted on February 03, 2010
It’s the fifth anniversary of the Boadwee Law Office! I am truly thankful for the wonderful clients, colleagues and friends who’ve made these 5 years a success. Please celebrate with me by getting a free electronic (ebook) copy of my book, Protect Your Business with Non-Disclosure Agreements.

How to Battle a (Patent) Troll

Posted on January 05, 2010
This month’s California Lawyer magazine has a simple and clear explanation of the latest strategies by and against patent trolls. In basic terms, “patent trolls” are entities that own patents but do not use them in their businesses, and instead make money by licensing them and bringing lawsuits against companies who will not buy a license...

How to Battle a (Patent) Troll

Posted on January 05, 2010
This month’s California Lawyer magazine has a simple and clear explanation of the latest strategies by and against patent trolls. In basic terms, “patent trolls” are entities that own patents but do not use them in their businesses, and instead make money by licensing them and bringing lawsuits against companies who will not buy a [...

Using Contracts to Deal with Unknowns: Part 2 ??Unknown Unknowns? (Technology Law Letter #9)

Posted on October 23, 2009
In the previous issue of this newsletter, I discussed how to use contracts to protect against ?known unknowns,? those events and circumstances for which you know the general category of uncertainty, but not the outcome. This article covers ?unknown unknowns,? those events and circumstances that you cannot foresee...

Using Contracts to Deal with Unknowns: Part 2 ??Unknown Unknowns? (Technology Law Letter #9)

Posted on October 23, 2009
In the previous issue of this newsletter, I discussed how to use contracts to protect against ?known unknowns,? those events and circumstances for which you know the general category of uncertainty, but not the outcome. This article covers ?unknown unknowns,? those events and circumstances that you cannot foresee...

Using Contracts to Deal with Unknowns: Part 1 ??Known Unknowns? (Technology Law Letter #8)

Posted on September 23, 2009
Issue #8 of Harry Boadwee’s Technology Law Letter is available.  This month’s lead article is: Using Contracts to Deal with Unknowns: Part 1 ??Known Unknowns.?  Next month, Part 2 will cover “Unknown Unknowns.” For a free subscription, please visit www...

Using Contracts to Deal with Unknowns: Part 1 ??Known Unknowns? (Technology Law Letter #8)

Posted on September 23, 2009
Issue #8 of Harry Boadwee’s Technology Law Letter is available.  This month’s lead article is: Using Contracts to Deal with Unknowns: Part 1 ??Known Unknowns.?  Next month, Part 2 will cover “Unknown Unknowns.” For a free subscription, please visit www...

Enter the Hyperwrap Agreement: Turning the Page in Online Contracts

Posted on September 11, 2009
Software and internet contracts for years have been created by means of “shrinkwrap,” “clickwrap” and even “browsewrap” agreements (although the enforceability of “browsewrap” agreements is somewhat doubtful)...

Enter the Hyperwrap Agreement: A New Page in Online Contracts

Posted on September 11, 2009
Software and internet contracts for years have been created by means of “shrinkwrap,” “clickwrap” and even “browsewrap” agreements (although the enforceability of “browsewrap” agreements is somewhat doubtful)...

The Three Critical Negotiations in Any Contract (Technology Law Letter #7)

Posted on July 27, 2009
Issue #7 of Harry Boadwee’s Technology Law Letter is now available. The lead article is: The Three Critical Negotiations in Any Contract. For a free subscription, please visit www.BoadweeLaw.com/subscribe. I welcome your comments and suggestions!

The Most Useful Contract Provision? (Technology Law Letter #6)

Posted on May 29, 2009
What’s the most useful clause in a contract? Find out my view in the latest edition of Harry Boadwee’s Technology Law Letter.  I also discuss the launch of my new online Technology Contracts Glossary. For a free subscription, please visit www...

Should You Sign Your Term Sheets? The Power of Commitment and Consistency (Technology Law Letter #5)

Posted on April 22, 2009
Issue #5 of Harry Boadwee’s Technology Law Letter is now available. The lead article is: Should You Sign Your Term Sheets?  The Power of Commitment and Consistency. For a free subscription, please visit www.BoadweeLaw.com/subscribe. I welcome your comments and suggestions!

Contract Provisions for Troubled Times: Myths and Realities of Bankruptcy (Technology Law Letter #4)

Posted on March 23, 2009
Issue #4 of Harry Boadwee?s Technology Law Letter is now available. The lead article is: Contract Provisions for Troubled Times: Part 4 - Myths and Realities of Bankruptcy.  For a free subscription, please visit www.BoadweeLaw.com/subscribe. I welcome your comments and suggestions!

Big Ideas in Business and Law

Posted on March 17, 2009
Here are some of the big ideas in business over the past 100 years, according to a short feature in BusinessWeek.  Many were fads, but most — even the early ones — have had staying power: Open Innovation - 2000 Reengineering - 19990 Outsourcing - 1989 Six Sigma - 1987 360-Degree Performance Reviews - 1973 Scenario Planning - 1967 Lean Manufacturing - [...

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