License Agreements

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Japan – Amendments to the METI Guidelines on Electronic Commerce and Information Property Trading

The Ministry of Economy, Trade and Industry of Japan (“METI“) recently revised the Interpretative Guidelines on Electronic Commerce and Information Property Trading (“Guidelines“), which apply to all online business...more

Success Protecting Intellectual Property in the Lifecycle of a Pre-Sales Revenue Biotechnology Venture Destined for IPO

For a drug discovery start-up, patent protection of the intellectual property underlying the commercialization pursuit is critically important. If the company is a university or research institution spin-out that obtained...more

Star Wars: Redefining Trademark and Copyright Law Since A Long Time Ago

The Star Wars series is truly an exceptional franchise, having broken box office records, creating legions of fans, and bringing the idea of collateral merchandise licensing to an unprecedented level. Also, how many other...more

License Definition Trumps Need for Actual Infringement Finding

Cellport Systems, Inc. v. Peiker Acustic GMBH & Co. KG - In a case addressing whether royalties are due under a patent licensing agreement even if the products are not covered by the patents, the U.S. Court of Appeals...more

Don't Lose Your Trademark Through Careless Licensing

Trademark practitioners are well familiar with the requirement under U.S. law that trademark licenses must contain quality control provisions, and trademark licensors must actually exercise quality control in fact, to ensure...more

“Free Sherlock” Litigation Raises Specter of Antitrust Liability for Distributors Cooperating With Intellectual Property Owners

Leslie Klinger, noted Sherlock Holmes scholar and lawyer, has waged a nearly all-out legal offensive against the Estate of Arthur Conan Doyle over the Estate’s assertion of a copyright in connection with certain works...more

The Challenge of the Unlocatable Copyright Owner – Checklists!

As this blog has documented on numerous occasions, Canada’s Copyright Act contains an “unlocatable owner” licensing mechanism (sometimes referred to as the “orphan works” mechanism), which enables prospective users of...more

GB: Gambling Software – licensing deadline extended

The Gambling Commission has updated its FAQs and has extended the deadline for the licensing of “gambling software” providers....more

Bankruptcy and Intellectual Property: Trademark Licenses, Chapter 15, and Pending Legislation

Introduction - Recent cases have addressed the interplay between intellectual property and bankruptcy, including trademark licenses and Section 365(n)’s application in Chapter 15 cases. Proposed legislation could...more

Indiana DOR Finds Economic Nexus, Disregards UPS

The Indiana Department of Revenue recently concluded that a company that earned royalty income from licensing trademarks and trade names to two of its Indiana affiliates, and had no physical presence in the state, nonetheless...more

Patent Troll Watch - States Are Pushing Patent Trolls Away from the Legal Line

Oregon introduces bill to make improper patent license demands a violation of its unlawful trade practices law - In February 2014, Senate Bill 1540 was filed, which would make patent trolling a violation of the...more

ITC Section 337 Update – August 29, 2014

Northern District Court Of Illinois Contemplates Holding Asserted Patent Unenforceable Based On Breach Of FRAND Commitment – On July 23, 2014, Judge James Holderman issued an Order to Show Cause and Jury Verdict in...more

Confidentiality & Sealing Orders in Software Disputes

Two software companies wanted to integrate their software products. The relationship soured and one of the parties - McHenry - purported to terminate the Software Licensing and Development Agreement and then launched a...more

Where Bankruptcy Law and Intellectual Property Law Intersect

The intersection of bankruptcy law and intellectual property law is not a very nice neighborhood. Anyone dealing with intellectual property license agreements must think about how these agreements are affected if one party to...more

Know the Publisher’s Audit Rights: Frequency

When it comes to software license compliance, being compliant with the publisher’s licensing rules can be daunting enough. But compliance won’t stop a software audit. Scott & Scott, LLP attorney, Brian Kirkpatrick,...more

The Eighth Circuit Weighs In on Trademark Licenses as Executory Contracts in Bankruptcy Proceedings

Lewis Bros. Bakeries, Inc. v. Interstate Brands Corp. (In re Interstate Bakeries Corp.) - An en banc panel of the U.S. Court of Appeals for the Eighth Circuit reversed an earlier ruling of the same court finding that a...more

Successfully Negotiating Software License Agreements

Constantly looking for ways to increase productivity and efficiency, the energy industry is increasingly looking to innovative software solutions from technology vendors. This article offers suggestions for a company to...more

NCAA Cannot Bar Compensation of Student-Athletes for Use of Their Names and Likenesses, Federal Court Says

A recent California federal court decision has further lifted the thumb on the scales that has historically benefited collegiate athletics in weighing whether their association rules violate the federal antitrust laws. ...more

Judge Posner, I Presume

Over the past several months, Judge Posner and the Seventh Circuit has handed a couple of rare, but well-deserved wins to the public domain. On June 16, 2014, the Court issued an opinion holding that the primary characters...more

Playing Games Over ANGRY BIRDS

The internet was aflutter yesterday over a lawsuit involving Angry Birds. The artist who created a pet toy line is apparently quite angry that she’s not racking up gold coins from a lucrative license agreement for the mark...more

Energy Newsletter - August 2014

In This Issue: - Fifth Circuit Reins In Trend of Expanding ESA Liability for Remote Harm - Japan's Pivotal Role in the Global LNG Industry's 50-Year History - Government of Greece to Launch New Licensing...more

Wizard of Oz Celebrates 75th Anniversary & Victory in Copyright and Trademark Dispute Over Film Characters

This August will mark the 75th anniversary of the release of the classic film The Wizard of Oz. As Warner Bros. celebrates the iconic status acquired by the film and its characters during the past seven-plus decades, the...more

White Collar Watch - July 2014

In This Issue: - Move over Big Pharma: Health care is not the only industry susceptible to False Claims Act scrutiny - Third Circuit affirms dismissal of False Claims Act suit, citing contract...more

Move over Big Pharma: Health care is not the only industry susceptible to False Claims Act scrutiny

In contrast to the recent, public and record-breaking False Claims Act settlements with Big Pharma, the government’s intervention in a relator’s suit against a computer software company, alleging that the contractor...more

New procedures, laws crack down on ‘patent trolls’

Q: There’ve been several stories lately about proposed laws intended to crack down on patent trolls. What is a patent troll? A: To understand what a patent troll is, it’s best to first understand what a patent really...more

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