Category Archives: Patent Law Updates

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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 … Continue reading

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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 good team of professionals that can identify the areas of risk for the clients, the method and means of exploiting known or identified vulnerabilities, and creating a prompt data security protection protocol you may end up losing out from a change in ISPs or IT vendors.

Having good change management procedures is vital to the success of your clients and to protect them from many would be competitors looking to acquire your clients’ knowledge, trade secrets and intellectual property.  A good first step for protecting your clients is using good provisions in your Master Technology Service Agreements that all vendors have to comply with to ensure that the proper procedures are followed to ensure that key personnel, key clients, key vulnerabilities, key consultants and key terms and caveats are negotiated and drafted to protect against reasonably anticipated problems.

The Master TSA allows for a method of interjecting vital controls that can be adapted to the needs of the clients–sometimes all that is needed is a wise and seasoned Chief Technology Officer (“CTO”).  Other times–key schedules and predefined procedures to follow for implement changes in information technology services or hardware.  Sometimes good limitations on damages, warranties and representations and third party indemnification provisions are required to ensure that your clients are protected from potential errors in the change management procedures.

Finally, having good enforcement and corrective actions predefined and provided for in the Master TSA will save you a lot of headaches down the line–including delays based on the need for board or shareholder’s approval, manager or member’s approval, or similar delays that may be required in following corporate formalities.  Sometimes a rigid adherence to corporate formalities can allow a problem to become bigger over time and based on delays–it is generally advisable to deal with these types of data security problems sooner rather than later.

For more go to: http://www.bipeblawg.com, http://www.vrplawgroup.com, http://www.eebrunchclub.com

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 Group.

This was a special privilege and honor to have the collective experience, guidance and wisdom of all the panelists to be a great opportunity for the sharing and exchanging of ideas and knowledge for the benefit of Chicago Entrepreneurs and the StartUp Community!

For more go to: http://www.eebrunchclub.com or http://www.vrplawgroup.com Fall2014EEBC_Thank You_Announced_Press Release_102314

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Managing International Transactions for Corporate Clients!

There are variety of challenges and obstacles to assisting clients in making sure that they are able to transfer distribution channels, facilities, and operations overseas.  Clients need to understand the layout of the land, the local customs and regulations on … Continue reading

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Upcoming EEBC-It’s Just Brunch Summer Quarterly Competition on June 21, 2014-Come Check Out Local Companies!

The Entrepreneurs and Executives Brunch Club (EEBC-It’s Just Brunch!) is hosting the second of its Quarterly Competitions at DePaul Law School on June 21, 2014.  Our First, Quarterly Competition featured the Lt. Governor now running for Comptroller-Sheila Simon as a Panelist.  The EEBC was proud to also have local Angel Investors, Private Equity Investors, Venture Capitalists, and local attorneys as additional panelists on the Quarterly Competitions!

Our experienced and renowned Permanent Panelists, such as, Ron Kirschner of Heartland Angels, Loren Minkus of Heartland Angels, Tom Kastner of Woodbridge International and GP Ventures, Len Bland of the Midwest Renaissance Fund and local Angel Investor-Vihar Patel of VRP Law Group and founder of the EEBC-It’s Just Brunch and the Quarterly Competitions!  The EEBC is looking forward to hosting the event at the same venue as last time in Room 341 at DePaul Law School with breakfast and an opportunity to vote for the winners of the Companies’ participating in the event.

The EEBC is an organization devoted to providing educational opportunities to local professionals and entrepreneurs through our Saturday Brunches and invests about $8,000 annually in the local companies and entrepreneurs.  These competitions are a great way to practice your pitches for other Angels, Venture Capitalists, and Private Equity Investors.  We look forward to another successful event that allows for access to capital and becoming a member of the Entrepreneurs and Executives Brunch Club, and you can join and find profiles of members at the following link: http://www.meetup.com/Business-Owners-Entrepreneurs-and-Executives-Brunch/events/174802402/ and https://www.linkedin.com/home?trk=nav_responsive_tab_home

More information can be found about the background, history, and origin the Entrepreneurs and Executives Brunch Club and the link can be found at:  www.eebrunchclub.com, http://www.eebrunchclubitsjustbrunch.com, http://www.vrplawgroup.com, http://www.chicagoentrepreneursattorney.com Image

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New E-Book for Entrepreneurs: A Guide for Entrepreneurs and Business Owners!

We recommend a new book that has been published relating to a Beginner’s Series of Guides for Entrepreneurs relating to acquisition of angel, capital, funds, seed or VC funding for undertaking new efforts to try out and test out the … Continue reading

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Corporate Risk Management: Creating an Effective Compliance System.

There are a variety challenges that must be overcome before a fair, good and just system can be created. It is subject to human frailty,emotions, misperceptions, miscommunications, lack of cohesiveness, and lack of full disclosure or access to a complete … Continue reading

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Fourth Chicago Based IPO to over a Billion in Valuation! Are Startup and Tech Deals Coming back to Chicago?

Following in the success of LinkedIn, Groupon, Envestment’s IPOs, the Chicago startup, GrubHub went public on April 4, 2014, with shares soaring to over $40 dollars a share well above their $26 dollars per share Initial Public Offering (“IPO”) price.  The New Company was formed through a merger between Chicago based “GrubHub” and New York based “Seamless.”  Will the surge in IPO’s for tech companies continue?  Is there real value there for investors?  Many experts expect the shares to do fairly well, as the initial expected offering rose from the range of $20-$22 per share, all the way up to $26 per share late Thursday night before the Friday morning offering.

The IPO is great for GrubHub, but more importantly, the Chicago Startup community at large.  Chicago is beginning to build a reputation in recent years for its successful tech companies with even better IPOs.  GrubHub is the third recent, Chicago based Tech Company, to have an IPO valuation of over a billion dollars, nearly, $3 billion.  Groupon, the digital coupon and bargains merchant went public in 2011, and is currently, valued at $5.4 billion dollars.  While, a lesser known IPO for Envestnet, a local tech startup that produces software for financial advisors has led to a current valuation of $1.35 billion dollars.

All this success helps aids in Chicago’s current effort to rebrand the City as a Startup and Entrepreneurship HUB.  An effort shared by President Obama, who awarded Chicago, a coveted federally funded high tech hub on February 25th of this year.  Hopefully, this will continue to keep Chicago on the map as not only, a distribution network for products and commodities, but also a thriving City for innovation.  Does this mean more deal and intellectual property work for lawyers? Certainly, seems so as Entrepreneurs are starting to find success and providing a return on investment to Angels, VCs, Private Investors and public shareholders!

The City of Chicago received a total of $70 million for a Pentagon-led institute that focused on high-tech digital manufacturing and design.   The Startup Community in Chicago is flourishing, and there’s no better place or time for individuals with a dream and an idea, to start looking to make them into a real business.  If you or someone you know has an amazing idea for a startup business and is looking for investors, look no further than the Entrepreneurs and Executives Bruch Club’s Startup Competition (EEBC-It’s Just Brunch!).

At the EEBC’s 2014 Spring Competition, Startups were presented with the chance to pitch their businesses to actual equity and angle investors.  During the March 2014 Competition $2,000.00 in actual seed money was awarded to the top three teams by the EEBC-It’s Just Brunch!  See the Winners:  EEBC Its Just Brunch Spring 2014 Competition Winners Final

Meet the Panelists and Investors:  EEBC Startup Competition Special Thanks to Panelists_Final Proof_032514

The next EEBC Quarterly Competition takes place in June 2014 and the EEBC is currently, looking for qualified teams to compete.

Visit http://eebrunchclub.com/ for more information, http://www.chicagostartupattorney.com, or go to www.vrplawgroup.com