Thought Leadership - Manatt, Phelps & Phillips, LLP

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.

AI Implemented Invention Tips Following USPTO Guidance

The United States Patent and Trademark Office (USPTO) and the Court of Appeals for the Federal Circuit have both previously held that an artificial intelligence (AI) system cannot be a sole inventor on a patent application since each inventor must be a human being.

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).

Manatt Client Hello Bello Partners with Play-Doh on a Children’s Potty Training Bundle

A Manatt team led by Christopher Chatham advised Hello Bello, a baby care startup co-founded by Kristen Bell and Dax Shepard, in its collaboration with Play-Doh to develop co-branded potty training pants and accompanying online resources for adults and kids.

California Employers Face Privacy Law Requirements

Following the failure of a measure that would have delayed effectiveness of the California Privacy Rights Act, employers in California now must comply with the state’s privacy law beginning January 1, 2023.

CA Fails to Extend Privacy Exemptions for B2B and Employment Data from the CCPA into 2023

Beginning on January 1, 2023, the California Consumer Privacy Act will apply to personal information collected by companies subject to the CCPA about their employees, job applications, and individuals at actual or prospective business customers, vendors, and suppliers.

New Class of Talent: NCAA NIL Changes and Implications for Brand, College and Athlete Stakeholders

The NCAA’s new NIL rules and state laws allow college athletes to profit from legitimate brand partnerships, opening opportunities for brands to engage fresh influencer talent and for college athletes to join the ranks of digital entrepreneurs.

Founder’s Stock: Vesting and Acceleration

Founder’s stock refers to the equity granted, typically in the form of common stock, to founders of a company for their preformation efforts in building the company.

Tax, Equity, Stock, Founder, Vesting, Common Stock, Acceleration

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