Easy Come, Easy Go: Delaware Court Upends Elon Musk’s $56 Billion Equity Incentive Plan
An extraordinary performance-based stock option plan (the “Grant”) awarded by Tesla, Inc. (“Tesla”) to Elon Musk (“Musk”) was invalidated by the Delaware Court of Chancery last week, despite the fact that over 70% of Tesla’s disinterested stockholders approved it at a 2018 special meeting. Attorney Brian Cromer takes a look at the decision in this Stites & Harbison Client Alert.
USPTO Issues Enablement Guidelines Following Amgen v. Sanofi
On January 10, 2024, the United States Patent and Trademark Office (USPTO) released Guidelines for Assessing Enablement in Utility Applications and Patents in View of the Supreme Court Decision in Amgen Inc. et al. v. Sanofi et al. The Guidelines are intended to inform U.S. patent examiners and the public about the process to be followed when assessing whether a claim satisfies the enablement requirement under 35 U.S.C. 112(a), after the U.S. Supreme Court’s holding in Amgen v. Sanofi. IP attorney Patrick Torre takes a look at the guidelines in this Stites & Harbison Client Alert.
Kentucky Begins Implementation and Possible Expansion of Medical Cannabis Program
Governor Andy Beshear began his second term by announcing significant progress towards the full implementation of the Kentucky Medical Cannabis Program (KMCP), Senate Bill 47. The KMCP legalized marijuana for medicinal use in the Commonwealth for qualifying patients with a qualifying medical condition. By law, the program goes into effect on January 1, 2025. Jennifer Cave takes a look at what this means in this Stites & Harbison Client Alert.
Could Changes Be Coming to Kentucky's Certificate of Need Program?
Certificate of Need (“CON”) laws are often hot button issues for state lawmakers – and for Kentucky lawmakers there is no exception. During the 2023 regular session of the Kentucky General Assembly, House and Senate Concurrent Resolutions were introduced calling for the establishment of a Certificate of Need Task Force (“CON Task Force”). Health care attorney Betsy Johnson takes a look at the Task Force's findings in this Stites & Harbison Client Alert.
Gifts from the USPTO for Prospective Patentees Heading into the New Year
Irrespective of the Naughty and Nice List, the United States Patent and Trademark Office (“USPTO”) has rolled out a series of programs over the course of 2023 that may serve to make the spirits of the inventors in your lives merrier and brighter heading into the new year. IP attorney Nick Stewart takes a look at those programs in this Stites & Harbison Client Alert.
Monetizing Intellectual Property: The Basics and Benefits of Licensing
Owners of intellectual property (“IP”) rights associated with inventions and creative works have discovered that “licensing” is an effective way to monetize their IP. IP attorney Scot Duval takes a look at the ways to do that in this Stites & Harbison Client Alert.
The Basics of Trademark Law and the Benefits of Federal Registration
A trademark is any word, phrase, symbol, logo, or design – or any combination – used to identify and distinguish the source of the goods or services of one party from those of others. A trademark may be a word or words (APPLE or POLO), logos or designs (the Nike swoosh or Adidas’ three stripes), phrases (IT’S FINGER LICKIN’ GOOD or I’M LOVIN’ IT), shapes of containers or other trade dress (the BLANTON’S bourbon bottle shape), or even a color (HOME DEPOT orange) or sound (NBC chimes). IP attorney Trevor Graves takes a look at the benefits of registration in this Stites & Harbison Client Alert.
President Issues Landmark Executive Order on Artificial Intelligence and Directives for the U.S. Patent and Trademark Office
On October 30, 2023, President Joe Biden issued a landmark executive order (the Order) directed to promoting use and managing risks of artificial intelligence (AI). The order recognizes the vast potential of AI and directs sweeping actions to protect against the risks of AI. Attorney John Teresinski takes at look at the order in this Stites & Harbison Client Alert.