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Category Archives: IP Q&A

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Is it HIPAA or HIPPA? Either way, it still applies.

Posted in Healthcare, IP Q&A, Technology Transactions

I have negotiated hundreds of SaaS agreements for dozens of software companies and I always hated when the company on the other side was a healthcare provider.  Invariably, they would bring up Protected Health Information (PHI) and the Health Insurance Portability and Accountability Act (HIPAA) and want us to sign a Business Associate Agreement (BAA).  I am… Continue Reading

QUICK HITS: Protecting Confidential Information in a Collaborative Setting

Posted in IP Q&A

A few years ago, our firm defended a client against a claim of patent infringement.  As it turned out, our client had disclosed its confidential information to a potential business partner during a pre-collaboration exploratory meeting, which the potential business partner then used to obtain the patent they were asserting.  Luckily, our client had insisted on putting a non-disclosure agreement (NDA) in… Continue Reading

What are Trademarks?

Posted in IP Q&A

Here at Winstead, we are fortunate enough to have two lawyers that were selected for inclusion in The Best Lawyers in America® 2018 in Trademark Law, Stan Moore and Cathryn Berryman.  Before answering the question What are Trademarks?, I thought it would be a good idea to get their insights on trademark best practices. Stan… Continue Reading

What are Moral Rights?

Posted in IP Q&A

The term moral rights in the United States typically refers to the right or ability of creators of certain works of visual art (e.g., paintings, drawings, prints, sculptures, and photographs) to control the eventual fate of such works.  In Europe and elsewhere, an artist’s moral rights are much broader and not limited to visual art. … Continue Reading