News & Analysis as of

Infringement Licenses

ArentFox Schiff

Breach of Open-Source License Claim Against AI Coding Assistant May Continue, Court Says

ArentFox Schiff on

In an early test of a potential landmark lawsuit involving generative AI coding tools, a claim for breach of open-source licenses partially survived the defendants’ motion to dismiss. The case joins a recent trend of...more

Venable LLP

The Right of Publicity

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Social media has confirmed that you don’t need to be a celebrity to profit from your own image. The right of an individual to control the economic use and exploitation of his or her identity is called the right of publicity....more

Foley & Lardner LLP

Exclusive License Can Raise Obviousness-Type Double Patenting Issues

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The judicially-created doctrine of obviousness-type double patenting is one of the most vexing doctrines of U.S. patent law. In Immunex Corp. v Sandoz Inc., the Federal Circuit added another layer of complexity to the...more

Morgan Lewis

IP Agreements: Don’t Forget the Feedback Clause

Morgan Lewis on

A feedback clause generally gives the recipient of feedback ownership or license rights to ideas, know-how, improvements, or suggestions that the recipient might receive from another party. Feedback clauses are typically...more

Pillsbury - Internet & Social Media Law Blog

Copyright Protection for User Generated Content in Virtual World Confirmed

While a legal battle will continue between a Second Life content "consultant" and a school teacher using the online virtual-world creating program as an educational tool, the Southern District of New York made one thing clear...more

Bradley Arant Boult Cummings LLP

Scanner Patent Troll Update: Titans Finally Enter the Battle

If you are like thousands of small American businesses, you might have received a dubious “cease and desist” letter during recent months from an LLC with an odd name. The LLC’s name has six letters, the first and fourth of...more

Ladas & Parry LLP

Patent Series: Protecting inventions

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Janet Cord and Ray Diperna, partners at Ladas & Parry LLP, discuss the pros and cons of patents in protecting inventions....more

BakerHostetler

Patent Troll Receives Push Back

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Over the past eight months, thousands of businesses across the United States received the same five-page letter from "The Licensing Team" of any one of 40 shell companies affiliated with MPHJ Technology Investments, LLC...more

King & Spalding

ITC Section 337 Update - May 15, 2013

King & Spalding on

Federal Circuit Affirms Commission Determination That Litigation Activities Unrelated To Licensing Do Not Satisfy Domestic Industry – On May 13, 2013, the Federal Circuit affirmed a January 2012 Commission determination that...more

JAMS

IP: Three things to know about mediating licensing disputes - Follow these tips to have the best opportunity for settlement in IP...

JAMS on

The number of IP disputes resolved in mediation has continued to increase as more attorneys make efforts to find a speedy resolution and cut litigation time and cost for their clients. Only a small percentage of costly patent...more

Fenwick & West LLP

Copyright Alert: Associated Press v. Meltwater

Fenwick & West LLP on

Meltwater News infringed copyrights of the Associated Press (AP), the U.S. District Court for the Southern District in Manhattan held last week, when Meltwater republished excerpts of AP news stories as part of its online...more

Knobbe Martens

Federal Circuit Review - Volume 3 | Issue 2 February 2013

Knobbe Martens on

In This Issue: • Licensing to Foreign Manufacturers Satisfies Domestic Industry • Appeal Found to Be Moot in Light of “Side Bet” • Mere Design Choice Leads to Obviousness Finding • Design Patent Infringement...more

McDermott Will & Emery

IP Update, Vol. 16, No. 1, January 2013

McDermott Will & Emery on

IN THIS ISSUE: Patents - Federal Circuit Clarifies ITC Domestic Industry Requirement for Non-Practicing Entities; Permanent Injunctions on the Rise?; Sanctioned Parties in Exceptional Cases Continue to Get Fresh...more

Skadden, Arps, Slate, Meagher & Flom LLP

"New Year Will See More Policing of Patent Conduct by US and EU Competition Agencies"

If recent events are any indication, U.S. and European antitrust agencies will remain focused this year on the intersection of intellectual property and competition law. In particular, the agencies have concluded that under...more

BakerHostetler

Patent Watch: Intel Corp. v. Negotiated Data Solutions, LLC

BakerHostetler on

§ 251 suggests to a potential licensee that -- in the absence of contrary language in the licensing agreement -- a license under the patent that is not directed to any specific claims, field of use or other limited right will...more

Proskauer - New Media & Technology

Assignment of Copyright through Terms of Use: Does E-Sign Make It OK? A Tool for B2B Sites Dealing with Unauthorized Access to...

It is a common practice for Web site providers who accept submissions of user-generated content to include a license provision in their “Terms of Use” to obtain rights to use the content....more

Morrison & Foerster LLP

A FRANDlier Realm

Morrison & Foerster LLP on

Europe’s courts take sides in standards patent disputes - When a patent becomes essential for a product to operate according to industry standards—say, for a cellphone to connect to a 3G network—patent protection can...more

Bennett Jones LLP

Doing Business in Canada: Intellectual Property Law

Bennett Jones LLP on

Intellectual property (IP) portfolios are valuable assets that must be properly acquired, advantageously exploited and thoroughly protected in all commercially significant jurisdictions. Companies considering doing business...more

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