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The Difference Between Biosimilar and Generic Drugs: The key is that Biosimilarity does not mean Bioequivalence!

The difference between Biosimilarity and Generic drugs is an important, but easily misunderstood difference. Biosimilar drugs are generally from human or animal microorganisms that are biologics. The Biosimilar drugs or products are not generics of branded or patented drugs. The Biosimilar products were passed and allowed under the Biologicals Price Competition and Innovation Act (BCPI) of 2009.

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Banks Without a Remedy for Fraudulent Check Cashing Scheme?

In a recent Seventh Circuit Case, the dangers of a bank cashing a fraudulent check based on an electronic image raises important business banking concerns. In a recent Commercial Banking Law Case, an attorney’s client Fumiko Anderson asked attorney Goodson to cash a check for $486,750.33 and forward the funds to her. Ms. Anderson was located in Japan and informed Attorney Goodson that the check…

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New Overtime Regulations from the US Department of Labor--$47K plus overtime?

New Overtime Regulations from the US Department of Labor–$47K plus overtime?

A new US Department of Labor (“DOL”) Regulation that is set to go into effect on December 1, 2016 provides for overtime pay to individuals that are earning up to a salary of $47,500. This means even if, they are salaried employees if, they work more than 40 hours per week, then they would be entitled to time and half for each hour over 40 hours in a week. This new regulation requires…

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Leveraging Long Term Supply Agreements to Finance additional R&D and Expansion!

One often, overlooked method of financing growth is long term supply agreements with specific unit and pricing requirements. Once, these long term supply agreements are finalized the supplier can rely on them for planning future growth. The supplier gets a near guaranteed revenue stream that can be used for a variety of purposes including research and development and expansion of existing…

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Gender discrimination in Silicon Valley and the Startup and VC Industry!

Gender discrimination may be more prevalent in Silicon Valley, the Startup and VC culture than most realize. The reality is that most partners, VCs and Startup CEOs are men. The Ellen Pao trial has brought these issues to light, but it is not clear if, it will change anything, yet. The final verdict has not been provided by the jury in Ellen’s gender discrimination lawsuit against Kleiner…

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Strong Brands or Trademarks and Product Quality Often Lead to Mergers and Acquisitions!

The more well-known a particular brand or trademark, the more likely it will be a good basis for a merger or acquisition. A well-known brand or trademark along with good product quality leads to customer loyalty. Generally, this well-known trademark or brand will also be the basis for repeat sales, new sales and a percentage of the market in a particular industry. An illustration of how a…

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Entrepreneurship in America and the impact of Immigration Visas (Start Up Visa and L1)

Many tech startups are started by immigrants to the United States and they require a visa to continue to stay in the U.S. Often, the startups are created and operated by immigrants that do not know if, they will be able to continue to stay in the United States. Well the old L1, L2, L3 visa’s for business owners are not always effective and do not provide for immigrants to stay in the U.S.

Even…

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The Defend Trade Secrets Act-Ex Parte Seizure Orders, really?

It still is not clear to me as to whether or not, the Defend Trade Secrets Act is needed in light of the Uniform Trade Secrets Act adopted by most United States. The expansion of the Economic Espionage Act and ex parte seizure orders of so called “Trade Secrets” that go beyond traditional remedies for trade secrets misappropriation raises red flags to many industry experts or legal professors.…

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Scandalous and Disparaging or First Amendment Protected Free Speech? To Trademark or Not to Trademark?

There was a new Ruling by the Federal Circuit Court of Appeals that stated that the First Amendment Protects the use of the trademark “Slant” by a music band and it is entitled to register the mark. This in stark contrast to the USPTO’s cancellation of the Redskins mark as being disparaging and not entitled to trademark protection. This may permit trademark owners to make new arguments based on…

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Copyright Syndication and Online Content Distribution!

In the past, copyright syndication was generally a method of licensing copyrighted videos, music, television episodes and movies to a variety of broadcasters in return for royalties. This generally entails licensing content for a return of royalties or percentage of advertising revenues from the syndicated content. However, with online syndication and the internet syndication is now a much…

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New Employment Law Updates to FLSA, ERISA, Retaliatory Discharge and Title VII!

1) Wait time to go through security screenings for workers is not compensable under the FLSA and the Portal to Portal Act, because it is not part of the principal activities the employees were hired to perform. Integrity Staffing Solutions Inc. v. Busk (12/09/2014);

2) Air Marshalls disclosure to the media about a cancellation of overnight shifts and information about a potential hijacking scheme…

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Patent Claim Construction still subject to De Novo Review, but occasionally clear error standard may apply to underlying evidentiary findings!

In Teva Pharmaceuticals v. Sandoz, 135 S.Ct. 831 (2015), the Supreme Court stated that any factual underpinnings that a judge relies upon in interpreting the claims of a patent is subject to a clearly erroneous standard. Thus, not all aspects of a patent claim construction review is going to automatically be subject to de novo review on appeal to the Federal Circuit. Instead, the factual or…

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Change Management Protocols and Drafting Good Master Technology Service Agreements!

How do you draft a good Master Technology Service Agreement? What do you consider? What is reasonable? What is foreseeable? What is too remote? How do you respond to an Evidence Preservation Letter? What is your clients’ doom and gloom fears? These are all things that all technology and information technology consultants and teams have to consider and make good decisions on. Without having a…

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EEBC-It's Just Brunch Club! Fall 2014 Start Up Competition--Special Thank You to the Panelists!

Third Installment of the Fall 2014 Competition Thank You to the Panelists! Paul Durbin of Miller and Canfield, Lt. Governor Sheila Simon running for Comptroller of Illinois, Ron Kirschner founder of Heartland Angels, Tom Kastner Woodbridge International and GP Ventures, William Bennett of Level Office and Vihar R. Patel Founder of EEBC-It’s Just Brunch Club! and Managing Attorney for VRP Law…

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EEBC-Its' Just Brunch Club Fall 2014 Start Up Competition's Winners Announced!

EEBC-It’s Just Brunch Club! Fall 2014 Start Up Competition’s Winners Announced: on October 18, 2014 the EEBC-It’s Just Brunch Club! held its Third Installment of the Quarterly Competition entrepreneurs, executives, professionals, angels, venture capitalists, Chicagoans were able to compete for money and opportunities to be funded by local angels, venture capitalists and investors.

Tie for First…

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Copyright Protection: The Lesser Known and less Attractive Form of Intellectual Property Protection!

Clients often, ignore the need to copyright their creative content, because of a perceived deficiency in the type of protection it offers. There is a tendency to believe that Copyright is a very soft form of protection that would not allow the holder to actually license or make the funds that it needs to acquire, police and enforce the copyright. This is not entirely new news to most…

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Trademark Regulations and the Likelihood of Confusion test for trademarks of Similar Sounding Characters!

The analysis of trademark infringement and likelihood of confusion is really a question of the nature and character of the mark and the commercial impression it creates in the minds of the consumer. First, and foremost, a trademark has to be a known word in the English language to be pronounced as a word in the English language. Also, in order to ensure that a trademark is pronounced properly…

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