Blog

Is Your Licensing Agreement Caught In The Brulotte Web?

By Travis Burch - 12th August 2013

On July 16, 2013, the Ninth Circuit affirmed an Arizona District Court’s grant of summary judgment prohibiting a licensor from extracting patent post-expiration royalties from a licensee.  The Ninth Circuit held that, because the license/settlement agreement at issue was a hybrid agreement that transferred inseparable patent and non-patent rights (such as trade secret/know-how rights), and that the patent rights were used as leverage to negotiate the agreement, the agreement ran afoul of the Supreme Court’s ruling in Brulotte.  See Kimble...

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Is Prop 65 Carcinogenic to Business

By Travis Burch - 6th August 2013

Proposition 65–Introduction “ Welcome to California. Entering this State is known to cause cancer and birth defects and other reproductive harm.” In effect, this is what the countless warnings posted everywhere from gas stations, to probably, the parking structure you park in every day, tell us. These placards are in most cases, not the result of meticulous scientific studies, but instead the courtesy of Proposition 65. If you represent a client that owns commercial property in California, employs workers, or...

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Tread with Caution in California’s Minimum Pricing Waters

By Travis Burch - 6th August 2013

Suppose you have a client manufacturing high-end luxury widgets.The client has a distributor who routinely sells the high-end widgets below your client’s suggested retail price. This is causing your client two headaches: (1) your client’s other distributors cannot compete without responding in kind by similarly lowering their prices; and (2) because all of your client’s distributors are now dropping their prices, no one is spending money promoting or advertising your client’s high-end luxury widgets. As a cumulative effect of headaches...

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Don’t Win The Breach Of Contract Battle But Lose The Litigation War

By Travis Burch - 8th July 2013

Curiously, many litigators do not properly analyze when and for what claims attorney fees are recoverable.  On more than one occasion, I have heard litigators making sweepingly imprecise statements of law, such as “they can’t get attorney’s fees for the fraud claim because Civil Code Section 1717 prohibits attorney’s fees for torts.”  It seems commonplace for many practitioners to conflate Civil Code Section 1717 and Code of Civil Procedure Section 1021.  This misinformation could result in an unhappy client that...

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ANTI-SLAPP In California Federal Court About To Be Trumped?

By Travis Burch - 29th May 2013

Love him or hate him, Donald Trump is undisputedly one the most successful self-marketers of all time.  So, it may have come as a disappointing shock to The Donald that a recent Ninth Circuit Court of Appeals decision was more important for its concurring opinion rather than because Donald Trump and Trump University are defendants.  Makaeff v. Trump University and Donald Trump, 2013 U.S. App. LEXIS 7719 (9th Cir. April 17, 2013).  There, the Ninth Circuit reversed and remanded the...

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Evidence Related to Patent Prosecution History and Reexamination Not Admissible In Defense of Willful Infringement

By Andrew Dallmann - 15th May 2013

“It is for ordinary minds, and not for psychoanalysts, that our rules of evidence are framed. They have their source very often in considerations of administrative convenience, of practical expediency, and not in rules of logic. When the risk of confusion is so great as to upset the balance of advantage, the evidence goes out.” Minemyer v. B-Roc Representatives, Inc., Case No. 07 C 1763 (N.D. Ill. Feb. 2, 2012 Order) at 10-11. With this in mind, the Minemyer Court...

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Website v2

By Info - 5th May 2013

BurchDallmann.com major design revamp and updated with content.

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Website v1

By Info - 28th October 2012

BurchDallmann.com goes live, with more to come.

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Burch Dallmann LLP opens

By Info - 1st July 2012

Burch Dallmann LLP opens. Partners Travis Burch and Andrew Dallmann, with a combined 40 years of business litigation experience, announce the opening of their new firm in Irvine, CA.

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