Philip A. Hammarberg
Senior Attorney
516-393-2504
Intellectual Property and Trademark
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Garfunkel Wild is uniquely positioned to assist health care providers to secure, license, enforce, and resolve disputes involving copyrights, trademarks, trade secrets, and patents. We leverage our health care knowledge and experience to ensure that health care related intellectual property agreements and transactions comply with all applicable health care laws, rules and regulations.
Garfunkel Wild’s Intellectual Property and Trademark Practice Group is a leader in providing legal services to entities in connection with intellectual property matters including:
Intellectual Property Strategy
- IP portfolio evaluation and management
- Identify, acquire, protect, license, and sell IP assets
- Employee and consultant nondisclosure, confidentiality, and proprietary rights agreements
- IP joint venture, joint development, collaboration and strategic alliance agreements
Branding and Trademarks
- Branding strategy, advice, and usage guidelines
- Trademark selection, clearance, and searches
- Trademark licenses, manufacturing and supply agreements, and coexistence agreements
- Trademark prosecution and registration: applications, rejections, and office actions
Intellectual Property Disputes
- Enforcement against infringers
- Defense of IP actions and audits
- Trademark opposition and cancellation proceedings
Patents and Know-How
- Design patent applications
- Exclusive and nonexclusive patent licenses
- University and industry research collaborations
- Patent settlement agreements
Copyrights and Other Intellectual Assets
- Copyright registrations
- Talent and sponsorship agreements
- Photo, video, audio and publicity releases
- Copyright advice for creative arts, including music, literature and performance
M&A, Financings, Securities
- IP, IT, data, and privacy diligence for acquisitions, mergers, securities issuances, and financings
- IP assignments, licenses, and cross-licenses ancillary to transactions
- Chain of title diligence and filings
- Social Media assignments and license
With the rise of social media and the internet, establishing, maintaining, and defending a recognizable brand is more important than ever. While Garfunkel Wild’s Intellectual Property and Trademark Practice Group works for all of our clients regardless of industry, we are uniquely positioned, based on our health care law expertise, to assist providers with these issues. The business of healthcare is complicated and competitive, but our Intellectual Property and Trademark team can bring its expertise to bear to ensure that our clients’ intellectual property rights are secured and enforced.
Practice Group Contacts
Team
OIG Highlights New Concerns
This week, the U.S. Department of Health and Human Services (“HHS”), Office of Inspector General (“OIG”) fulfilled its annual statutory obligation by releasing its 2024 Top Management and Performance Challenges Report (the “Report”). Historically, the Report has not attracted widespread interest in the provider community because it largely focuses on HHS operational challenges. Importantly for providers and other stakeholders, however, the Report reveals crucial insights about compliance priorities for the year ahead.
OIG Report Highlights Enforcement Priorities
The U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG) released its revamped Semiannual Report (SAR) on June 3, 2024. The SAR’s new format focuses on the oversight work OIG completed during the reporting period, and emphasizes how this work directly addresses the Top Management Challenges Facing HHS.
FTC Bans Non-Competes Across the Nation
On Tuesday, April 23, 2024, the Federal Trade Commission (FTC) promulgated a final rule banning most non-compete agreements, in any industry, and is set to become effective 120 days after its publication in the Federal Register (the “Final Rule”).
Favorable OIG Advisory Opinion Allows Subsidies for FDA-Approved Clinical Studies
The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (23-11) that allows a medical device manufacturer (Manufacturer) to subsidize Medicare cost-sharing obligations as part of a U.S. Food & Drug Administration (FDA)-approved clinical study involving a Category B Investigational Device Exemption.
More Provider “Nuggets” From OIG’s Year-End Reporting Blitz
Continuing its year-end reporting blitz, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) released its Semiannual Report (SAR) to Congress on December 1, 2023.
Health Information Technology Podcast – Termination and Transition Periods
Garfunkel Wild's Health Care Information and Technology Practice Group's Podcast Series "Health Information Technology Podcast- Termination and Transition Periods".
IP Rights & Issues Associated with Non-Fungible Tokens (NFTs)
Garfunkel Wild's Health Care Information and Technology practice groups first Podcast in the series "Topics and Issues related to Health IT" addresses new and cutting edge IT technological developments and issues.
Merton G. Gollaher Joins Garfunkel Wild’s Health Care & Corporate Groups
Merton G. Gollaher Joins Garfunkel Wild’s Health Care & Corporate Groups
Garfunkel Wild is uniquely positioned to assist health care providers to secure, license, enforce, and resolve disputes involving copyrights, trademarks, trade secrets, and patents. We leverage our health care knowledge and experience to ensure that health care related intellectual property agreements and transactions comply with all applicable health care laws, rules and regulations.
Garfunkel Wild’s Intellectual Property and Trademark Practice Group is a leader in providing legal services to entities in connection with intellectual property matters including:
Intellectual Property Strategy
- IP portfolio evaluation and management
- Identify, acquire, protect, license, and sell IP assets
- Employee and consultant nondisclosure, confidentiality, and proprietary rights agreements
- IP joint venture, joint development, collaboration and strategic alliance agreements
Branding and Trademarks
- Branding strategy, advice, and usage guidelines
- Trademark selection, clearance, and searches
- Trademark licenses, manufacturing and supply agreements, and coexistence agreements
- Trademark prosecution and registration: applications, rejections, and office actions
Intellectual Property Disputes
- Enforcement against infringers
- Defense of IP actions and audits
- Trademark opposition and cancellation proceedings
Patents and Know-How
- Design patent applications
- Exclusive and nonexclusive patent licenses
- University and industry research collaborations
- Patent settlement agreements
Copyrights and Other Intellectual Assets
- Copyright registrations
- Talent and sponsorship agreements
- Photo, video, audio and publicity releases
- Copyright advice for creative arts, including music, literature and performance
M&A, Financings, Securities
- IP, IT, data, and privacy diligence for acquisitions, mergers, securities issuances, and financings
- IP assignments, licenses, and cross-licenses ancillary to transactions
- Chain of title diligence and filings
- Social Media assignments and license
With the rise of social media and the internet, establishing, maintaining, and defending a recognizable brand is more important than ever. While Garfunkel Wild’s Intellectual Property and Trademark Practice Group works for all of our clients regardless of industry, we are uniquely positioned, based on our health care law expertise, to assist providers with these issues. The business of healthcare is complicated and competitive, but our Intellectual Property and Trademark team can bring its expertise to bear to ensure that our clients’ intellectual property rights are secured and enforced.
Practice Group Contacts
Team
OIG Highlights New Concerns
This week, the U.S. Department of Health and Human Services (“HHS”), Office of Inspector General (“OIG”) fulfilled its annual statutory obligation by releasing its 2024 Top Management and Performance Challenges Report (the “Report”). Historically, the Report has not attracted widespread interest in the provider community because it largely focuses on HHS operational challenges. Importantly for providers and other stakeholders, however, the Report reveals crucial insights about compliance priorities for the year ahead.
OIG Report Highlights Enforcement Priorities
The U.S. Department of Health and Human Services (HHS), Office of Inspector General (OIG) released its revamped Semiannual Report (SAR) on June 3, 2024. The SAR’s new format focuses on the oversight work OIG completed during the reporting period, and emphasizes how this work directly addresses the Top Management Challenges Facing HHS.
FTC Bans Non-Competes Across the Nation
On Tuesday, April 23, 2024, the Federal Trade Commission (FTC) promulgated a final rule banning most non-compete agreements, in any industry, and is set to become effective 120 days after its publication in the Federal Register (the “Final Rule”).
Favorable OIG Advisory Opinion Allows Subsidies for FDA-Approved Clinical Studies
The U.S. Department of Health and Human Services, Office of Inspector General (OIG) posted a favorable Advisory Opinion (23-11) that allows a medical device manufacturer (Manufacturer) to subsidize Medicare cost-sharing obligations as part of a U.S. Food & Drug Administration (FDA)-approved clinical study involving a Category B Investigational Device Exemption.
More Provider “Nuggets” From OIG’s Year-End Reporting Blitz
Continuing its year-end reporting blitz, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) released its Semiannual Report (SAR) to Congress on December 1, 2023.
Health Information Technology Podcast – Termination and Transition Periods
Garfunkel Wild's Health Care Information and Technology Practice Group's Podcast Series "Health Information Technology Podcast- Termination and Transition Periods".
IP Rights & Issues Associated with Non-Fungible Tokens (NFTs)
Garfunkel Wild's Health Care Information and Technology practice groups first Podcast in the series "Topics and Issues related to Health IT" addresses new and cutting edge IT technological developments and issues.
Merton G. Gollaher Joins Garfunkel Wild’s Health Care & Corporate Groups
Merton G. Gollaher Joins Garfunkel Wild’s Health Care & Corporate Groups