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Contract Negotiations Patents

McDonnell Boehnen Hulbert & Berghoff LLP

Phytelligence, Inc. v. Washington State University (Fed. Cir. 2020)

One of the banes of any practicing patent attorney's professional existence is counseling clients on licensing agreements where the parties attempt to avoid setting forth definitive terms on contract provisions regarding...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Makes It More Difficult for Accused Infringers to File Declaratory Judgment Actions

In its March 13, 2020 decision in Communications Test Design, Inc. v. Contec, LLC, the Federal Circuit highlighted the obstacles that an accused infringer faces in filing a declaratory judgment action. In particular, the...more

Mintz - Intellectual Property Viewpoints

Insincere Licensing Discussions Can Support a Willful Infringement Claim

A recent order from the Northern District of California provides patent practitioners interesting guidance regarding conduct during licensing discussions—and may be a cautionary tale to potential licensors engaged in...more

Mintz - Intellectual Property Viewpoints

Upon Reconsideration, E.D.Tex. Judge Affirms Ericsson’s Previously-Vacated Jury Award Against TCL

On May 10, 2018, Magistrate Judge Payne reconsidered his previous March 2018 order which had vacated a jury award, and granted plaintiff Ericsson’s motion for reconsideration. The May ruling makes clear that the accused...more

Proskauer - New England IP Blog

Locating Time Frames for the Hypothetical Negotiation

In determining a reasonable royalty for patent infringement damages, district courts often use the hypothetical negotiation analysis: that is, what is the royalty rate that the patent owner and the infringer would have agreed...more

McDermott Will & Emery

Actual Negotiations Trump 40-Year Georgia-Pacific Test to Determine Type of Patent Licensing Royalties

McDermott Will & Emery on

The Grigoleit Co. v. Whirlpool Corp. - Addressing a lower court’s reasonable royalty determination that chose not to rely on the Georgia Pacific factors, the U.S. Court of Appeals for the Seventh Circuit recently...more

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