News & Analysis as of

IP License

A&O Shearman

The Newly Proposed RESTORE Patent Bill Aims To Give Patent Owners More Power

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On July 30, 2024, United States Senators Christopher Coons (R-Delaware) and Thomas Cotton (R-Arkansas) introduced the “Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive Patent Rights Act of...more

Goodwin

Life Sciences Licensing and M&A Update: Catching Up on Recent Decisions Affecting Commercially Reasonable Efforts Definitions and...

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Recently, the Delaware Chancery Court and the Third Circuit issued three significant decisions on key issues affecting licensing and M&A transactions in the life sciences industry....more

Kilpatrick

Data Licensing: Five Takeaways from the New York City Bar Association’s Continuing Legal Education Program on Intellectual...

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Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick’s Advertising and Marketing group, was honored to present on September 13 at the New York City Bar Association’s continuing legal education...more

McDermott Will & Emery

Even Free Libraries Come With a Cost

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The US Court of Appeals for the Second Circuit affirmed a district court’s judgment of copyright infringement against an internet book archive, holding that its free-to-access library did not constitute fair use of the...more

Sheppard Mullin Richter & Hampton LLP

Funny Business: Comedians Push for Music-Style Licensing

In the ongoing legal battle of Yellow Rose Productions, Inc. v. Pandora Media, LLC, a group of high-profile comedians, including Lewis Black, George Lopez, and the estates of Robin Williams and George Carlin, has filed a...more

Womble Bond Dickinson

Future Royalties and Bankruptcy: The Royalty Rollercoaster

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Be careful when you sell intellectual property (“IP”) in return for future royalty payments. You may think your contract is airtight, guaranteeing you a future annuity on the sales of product relating to your IP, but that...more

McDermott Will & Emery

Some Post-Expiration Patent Royalty Payments May Be OK

The US Court of Appeals for the Ninth Circuit reversed a district court’s finding that a contract impermissibly allowed for patent royalties after the patent expired because the post-termination royalty payments were...more

WilmerHale

Royalty Financings and Similar Revenue Monetizations Surge in Difficult Life Sciences Fundraising Environment

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Many biopharmaceutical companies are facing challenges raising cash through traditional equity markets. While venture investment activity saw a slight increase in the first half of 2024 as compared to the equivalent period in...more

Gerald Nowotny - Law Office of Gerald R....

Elena Ruiz and the Cuban Sandwich - The Double Irish with Dutch Sandwich Version for Closely Held Business Owners - Using...

I have been a major fan of Afro-Cuban (Salsa) and Brazilian Bossa Nova music since high school. Most of you know by now that I grew up in the Panama Canal Zone. By the time I got to West Point in the summer of 1978, it was...more

Locke Lord LLP

The Madrid Protocol - August 2024

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The United States is a party to the Madrid Protocol, an international treaty simplifying and centralizing the process for registering trademarks on an international basis. This treaty allows owners of U.S. trademark...more

Weintraub Tobin

The Briefing: How to Avoid Bearing The Risks of A Naked License (Featured Podcast)

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In Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott...more

Weintraub Tobin

The Briefing: How to Avoid Bearing The Risks of A Naked License (Featured)

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In Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott...more

Sheppard Mullin Richter & Hampton LLP

AI Considerations in Government Contract Related M&A Transactions

As general interest and investment in AI has accelerated since the initial public launch of ChatGPT, so too has the U.S. federal government both increased its spending in the area and the speed with which it adopted...more

A&O Shearman

Overview of the U.S. copyright office’s AI digital replicas (“deepfakes”) report

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Daren Orzechowski, Alex Touma, and Jack Weinert examine Part 1 of Artificial Intelligence Report on Digital Replicas, published by the U.S. Copyright Office on July 31, 2024. In the first quarter of 2023, the U.S....more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - July 2024

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This is the third issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that highlights developments about the licensing, litigation, and regulation of patents that are or are claimed to be...more

Kilpatrick

3 Key Takeaways | Corporate Perspectives on Intellectual Property

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Kilpatrick partners Brian Axelrad, Jeff Hechtman, and Brenda Holmes recently presented to clients at the Kilpatrick Intellectual Property Seminar on the topic of “Corporate Perspectives on Intellectual Property.” They...more

Foley Hoag LLP - Making Your Mark

Name That Artist: How AI Music is Shaping the Right of Publicity

Every industry today is abuzz with the possibilities of artificial intelligence, and music is no exception. In the year since the AI-generated hit “Heart on My Sleeve,” courts have started to tackle AI issues in the arts...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - June 2024 #3

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The U.S. Twirling Association and a coach must pay nearly $4.2 million to a baton twirler who was sexually assaulted as a minor during a sponsored international trip, a New York federal jury has found, saying the organization...more

Knobbe Martens

Video Games and Esports: Why WIPO’s ADR is Tailored to Help Resolve IP Disputes

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In this episode of the Knobbe IP+ podcast, Knobbe Martens partner Mauricio Uribe speaks with World Intellectual Property Organization (WIPO) Legal Officer Oscar Alberto Suárez Bohorquez on the recently announced WIPO...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - Artificial Intelligence: Issues Affecting Creators, Writers and Artists

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In this episode of Trending Now - An IP Podcast, Janet Cho and Amy Pruett provide an update on recent cases and some of the legal issues involved with using datasets to train AI models....more

BakerHostetler

[Podcast] The Build-Operate-Transfer (BOT) Model: Careful Consideration

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The BOT model continues to be of great interest to companies, courtesy of its cost-saving structure, access to bigger talent pool, opportunities for resource and financial control and security. Our attorneys have been...more

BakerHostetler

[Podcast] Trademark and Copyright: The Good Fight

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In 2023, BakerHostetler saw cutting-edge legal issues and also the continuing evolution of fraudulent schemes targeting brand owners. Our attorneys have also dealt with increasingly sophisticated scams involving the misuse of...more

Lathrop GPM

Is there a Damages Limitation on Timely Copyright Claims? Supreme Court says: "No."

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On May 9, 2024, the United States Supreme Court clarified that the “Copyright Act entitles a copyright owner to recover damages for any timely claim.” This seemingly simple rule of law, however, rested on shaky ground as soon...more

Bradley Arant Boult Cummings LLP

The Generative AI Copyright Disclosure Act of 2024: Balancing Innovation and IP Rights

As generative AI systems become increasingly sophisticated and widespread, concerns around the use of copyrighted works in their training data continue to intensify. The proposed Generative AI Copyright Disclosure Act of 2024...more

McDermott Will & Emery

Standing Ovation…Denied!

The US Court of Appeals for the Federal Circuit reversed a district court’s decision in a patent dispute for a lack of subject matter jurisdiction because the plaintiff lacked constitutional and statutory standing....more

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