San Francisco Intellectual Property Law Blog

Time is money and the purpose of business is not to waste either commodity. Because it can cost money, courts don't like to waste time either, which is why Rule 11 of the Federal Rules of Civil Procedure exists.

That rule requires that before filing any civil action plaintiffs must be sure they have legitimate basis for making a claim. If they don't, the matter can be thrown out and the filer can face sanctions that the court might deems appropriate to curb similar activity in the future. What this means in the context of intellectual property litigation is that IP rights holders needs to be quite certain alleged infringement has occurred before advancing a case. Here, a skilled attorney's help is invaluable.

Just because your business is in one location does not mean that all legal disputes you confront will take place in that jurisdiction. We live in a global economy and the potential of legal action can come from anywhere in the world. If a dispute reaches the stage of a suit, the venue might not be your backyard, putting you at a disadvantage. When that happens, it's important to consider hiring local counsel.

This might be particularly necessary where intellectual property issues are involved. This area of law is highly detailed and technical by its nature and, these days, so are many of the issues that become the focus of litigation. Effective assertion and defense of IP rights depends not only on having skilled in-house IP counsel, but also enlisting IP attorneys who know the nuances of the system where a court action occurs.

The world is now abuzz in the wake of Gov. Jerry Brown's signing of a law that sets California on a track to achieve the goal of being a fossil fuel-free state by 2045. Since taking that action, there have been calls from some quarters that China now needs to step up its game in this area. What reaction that will receive is impossible to gauge, especially in the current political and economic environment.

In putting pen to the page earlier this month, Brown acknowledged that reaching the ambitious goal will not be easy, or immediate. But he says it's something that "must be done." The question many now ask is whether the goal is reachable? Not surprisingly, opinions vary widely.

We're sure you are familiar with the quote, "Imitation is the sincerest form of flattery." Depending on the circumstances it can be that. However, in the commercial sphere, imitation can be risky business. Intellectual property claims make this so.

If you have gone to the trouble of patenting your idea or trademarking a symbol, name, word or device, you have created a measure of value that warrants protection. That can be a challenge to undertake if your attention is focused, as it should be, on your business's success. Accomplishing the mission requires legal skill and due diligence, which reinforces the importance of working with experienced IP counsel.