General Business Intellectual Property Science, Computers & Technology

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What is ‘Blocking IP’?: Why You Should Care When Licensing Source Code

A client this week asked me to help him with a source code license. What started as a simple request with crafting a paragraph inevitably grew due to the concept of “blocking intellectual property.” While I would argue that...more

IEEE Clarifies RAND Commitment for Standard-Essential Patents

On February 8, 2015, the Board of Governors of the Institute of Electrical and Electronics Engineers (“IEEE”) approved changes to the IEEE Patent Policy that provide additional specificity as to the nature of the obligation...more

IEEE Approves Updated Patent Policy for Standard Essential Patents After Favorable DOJ Business Review Letter

On February 8, 2015, the Institute of Electrical and Electronics Engineers (IEEE) approved an updated Patent Policy for the IEEE Standards Association (IEEE-SA) Bylaws after receiving a favorable Business Review Letter from...more

China Imposes Record Fine of Approx. US$975 Million (€863 Million) Under Its Anti-Monopoly Law

China’s National Development and Reform Commission (NDRC) announced an RMB 6.088 billion (approximately US$975 million and €863 million) fine against Qualcomm Inc. for alleged abuse of its market position in China in...more

What are you implying?

Case law teaches contractors a valuable lesson when dealing with ownership of copyright. It is essential to deal with each party’s position, typically through a written copyright licence, to avoid pitfalls further down the...more

Assignment Consideration Can Be Representation, Support and Opportunity - Memorylink Corp. v. Motorola Solutions, Inc.

Addressing whether a patent was properly assigned and whether claims of inventorship fraud were properly barred by the statute of limitations, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s summary...more

Qualcomm Agrees to $975 Million Fine and Conduct Remedies to Resolve Chinese Standard Essential Patent Licensing Investigation

The assertion of standard essential patents (SEPs) by patent-holders has raised patent, contract, and competition issues in jurisdictions around the world. One SEP holder, Qualcomm, has faced particular scrutiny with respect...more

Federal Circuit Upholds PTO Refusal to Withdraw Unauthorized Terminal Disclaimer - Japanese Found. for Cancer Research v. Lee

Addressing for the first time the issue of whether a terminal disclaimer filed without the client’s actual authority can be withdrawn, the U.S. Court of Appeals for the Federal Circuit reversed the district court’s ruling...more

DOJ Issues Business Review Letter Pertaining to SSO Policy on Standard-Essential Patents and RAND Commitments

On February 2, 2015, the Antitrust Division of the U.S. Department of Justice (DOJ) issued a business review letter stating that it would not challenge the Institute of Electrical and Electronics Engineers, Inc.’s (IEEE’s)...more

Company’s Bacon Trade Secret Claims Are Cooked After Patent Filing

From Minnesota comes a delicious reminder that the protection of trade secrets requires consideration of a company’s entire intellectual property strategy.  Without such a comprehensive strategy, in the most prosaic of terms,...more

Left Shark and Lawsuits – Who Gets Bitten in the End?

Halftime was just the Beginning: A backup dancer in Katy Perry’s Super Bowl halftime show goes viral upstaging the singer, Tom Brady and Russell Wilson for MVP. Thanks to social media, “Left Shark” became a “thing” overnight...more

EU Copyright: No Resale of Digital Content Except for Software? How Does the European Court of Justice Decision on Exhaustion of...

The European Court of Justice (ECJ) has decided that the rule of exhaustion of the distribution right upon first sale (in the U.S. known as the “first sale” doctrine) does not apply to post first-sale alterations to the...more

Open Source Software: The Costs of Non-Compliance

For software vendors, open source software (OSS) should be treated like a compliance issue - in the same way that corporate, securities or environmental compliance is a concern for many companies. The failure to manage...more

Share and Share Alike

How the Patent Non-Assertion Pledge Can be a Savvy Business Strategy - Tesla’s recent pledge not to sue those who use its patent-protected technology is evidence of the broadening popularity of patent non-assertion...more

Social Media: 10 Fundamental Questions All Businesses Should Consider About Their Online Presence

Twenty years ago, the social media world we now live in was the stuff of science fiction. Today, social media is a critical business tool creating unprecedented opportunities for direct consumer interaction, brand awareness,...more

Supreme Court Changes Standard Of Review For Patent Claim Construction Rulings

In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court revised the standard of review used by the Federal Circuit for nearly twenty years in reviewing claim construction rulings, replacing a de novo standard...more

Cloud Computing: Legal Issues on the Horizon

In the May 2014 issue of the Business Litigation Report, we discussed a hot topic in law and technology: cloud computing. That topic did not cool down over the summer. Businesses and courts—including the Supreme Court—have...more

It’s a Mad, Mad, Mad, FRAND World

Early Determinations of Fair, Reasonable, and Non-Discriminatory License Payments Have Been Anything but Consistent - When an invention claimed in a patent is essential to complying with a technical operating standard...more

Contractors vs. Employees: The Benefits and Risks of Hiring Outsourced Workers

Alternatives to direct employment are flourishing, as businesses have come to believe they should keep in house only “core” functions and outsource other activities like IT and HR to specialized service providers. This...more

Registering To Business In Delaware Constitutes Consent To Jurisdiction Notwithstanding Daimler

This is an ANDA case relating to generic dalfampridine extended-release tablets. The court finds, following that the Daimler decision, that neither the parent nor subsidiary defendant are “at home” in Delaware for purposes of...more

Trademark, Copyright and Licensing for Engineers

In This Presentation: - Trademarks: • What is a trademark? • How do you protect a trademark? • How do you avoid infringing trademarks of others? - Copyrights: • What is a copyright? • How do you...more

Nothin’ from Nothin’ Leaves Nothin’

Axiom Worldwide Inc. v. Excite Medical Corp. et al. - The U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s $1.32 million judgment in favor of a medical device maker, ruling that it never owned...more

FTC Issues Report on ‘Pay-for-Delay’ Settlement Volume for FY 2013

The Federal Trade Commission staff recently issued a report detailing the number of “potential pay-for-delay settlements” that took place in fiscal year 2013. The FTC is a staunch opponent of so-called “pay-for-delay”—also...more

Show Me the License: Is Your Company Ready?

Good record-keeping is a burden. But doing so is important. Here is an example of why it is important to keep good records of all software licenses....more

Natural Products Whiplash

What you need to know: Two important developments in the last week have exacerbated confusion around patent protection for natural products and technologies that implicate laws of nature, calling into question the...more

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