License Agreements

Defending SPLA Audits: Critical First Steps

by Scott & Scott, LLP on 4/11/2013

Robert J. Scott, Managing Partner of Scott & Scott, LLP, suggests that there are a couple of critical steps you should take upon receipt of a SPLA audit notice before providing Microsoft's auditors with information....more

Patent Watch: Frolow v. Wilson Sporting Goods Co.

by Lawrence M. Sung | BakerHostetler on 3/26/2013

On March 15, 2013, in Frolow v. Wilson Sporting Goods Co., the U.S. Court of Appeals for the Federal Circuit (Newman, Clevenger, Moore*) affirmed-in-part, reversed-in-part and remanded the district court's summary judgment...more

It’s Not Just Boilerplate! Best practices for drafting collaboration agreements to protect your IP

by Elizabeth Howard, Michael Spillner | Orrick, Herrington & Sutcliffe LLP on 3/18/2013

In This Presentation: - 1. The collaboration conundrum - 2. The Tekmira case: a cautionary tale Outline - 3. Best practices for drafting specific provisions Please see full presentation below for more...more

To SPLA or Not to SPLA - Microsoft Licensing Webinar

by Scott & Scott, LLP on 3/14/2013

Is Microsoft's SPLA right for your company? Attend Scott & Scott, LLP's free CLE webinar entitled: "To SPLA or Not to SPLA - Microsoft Licensing for the Hosting Services Provider" on March 27th for an overview of...more

Bankruptcy 101 for Intellectual Property Licenses

by Patrick Darby, James Watkins | Bradley Arant Boult Cummings LLP on 3/6/2013

Generally, license agreements are “executory contracts” in bankruptcy. Executory means performance is due from both sides. When a party to an executory contract becomes a debtor in bankruptcy, it may either reject or assume...more

BVI introduces comprehensive revamp of trade mark laws

by Jacqueline Daley Aspinall, Leonard Birmingham | Harney Westwood & Riegels on 2/28/2013

For the first time in several decades there will be a comprehensive revamp of the trade mark laws of the British Virgin Islands. The Trade Marks Act (Cap.158) of the Laws of the Virgin Islands (Existing Act) and the...more

Australian Federal Court Upholds Myriad’s Gene Patent

by James J. Mullen, III, Mary Prendergast | Morrison & Foerster LLP on 2/19/2013

While the question of patentability of isolated gene sequences awaits resolution at the U.S. Supreme Court, the Australian Federal Court today upheld Myriad Genetics’ patent on methods for screening for cancer-predisposing...more

Parties Reiterate Arguments from Certiorari Petitions in Briefs to Supreme Court

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 2/19/2013

On the brink of oral argument before the Supreme Court on Tuesday, it may be helpful to reiterate (as do the parties) the arguments from Petitioner Farmer Bowman and Respondent Monsanto, Inc. in Bowman v. Monsanto....more

W.L. Gore’s Impact on Pending Maryland Cases and Audits

by Stephen Blazick, Alexandra Sampson | Reed Smith on 2/15/2013

In a case decided late last month, Comptroller of the Treasury v. Gore Enterprise Holdings, Inc. and Future Value, Inc., Nos. 1696 and 1697 (January 24, 2013), the Maryland Court of Special Appeals held that patent royalties...more

The Joint DOJ and PTO Perspective on Standards-Essential Patents as Compared to that of the FTC

by Erin Murdock-Park | BakerHostetler on 2/12/2013

On January 8, the U.S. Department of Justice, Antitrust Division (“DOJ”) and the U.S. Patent & Trademark Office (“PTO”) (collectively, “the Agencies”) issued a joint policy statement regarding remedies for Standards-Essential...more

Antitrust and Competition Newsletter - February 2013

by Orrick, Herrington & Sutcliffe LLP on 2/8/2013

In This Issue: - A Modern Look at the Nine ‘No-Nos’ of Patent Licensing Under U.S. Antitrust Law: The First Four ‘No-Nos’ - Supreme Court Grants Cert. in Watson Reverse Payment Settlement Case - 7th Circuit...more

Federal Circuit Affirms ITC Jurisdiction for Non-Practicing Entities

by Michael Newman, James Wodarski | Mintz Levin - Intellectual Property on 2/1/2013

On January 10, 2013, the Federal Circuit reaffirmed broad ITC jurisdiction for non-practicing patent enforcement entities by denying Nokia Corp.’s petition for rehearing of InterDigital Commc’ns, LLC v. Int’l Trade Comm’n...more

Federal Circuit Review - Volume 3 | Issue 1 - January 2013

by Knobbe Martens Olson & Bear LLP on 1/29/2013

In This Issue: • Prior Litigation Precludes Lawsuit • Disclosure of Broad Genus Does Not Disclose Species • Preamble Limits Claims - Excerpt from Prior Litigation Precludes Lawsuit: In...more

A License to Software Should not be a License to Print Money

by Lisa Earl | Pillsbury Global Sourcing Practice on 1/28/2013

It pays to closely read the payment terms in your software license. Or rather, it costs if you don't read them closely enough....more

Click & Copy: Breach of Online License Agreements & Copyright Infringement

by Field Law on 1/22/2013

My article Click and Copy: Breach of Online License Agreements and Copyright Infringement was published in Canadian Intellectual Property Review in December. The enforceability of click-through licenses for online...more

How Do You Solve a Problem Like PAEs?

by Robert P. Davis, Jeffri Kaminski | Venable LLP on 1/17/2013

Policy makers in Washington, DC have been hearing about the problems created by patent assertion entities – PAEs or, to some, “patent trolls” – from a number of quarters over the past few years. PAEs are generally entities...more

How Does Bankruptcy Affect Rights Under an Agreement Not to Sue on Patents?

by Ella Shenhav, Kevin J. Walsh | Mintz Levin - Bankruptcy, Restructuring &... on 1/16/2013

When a debtor rejects an executory contract, Section 365(n) of the Bankruptcy Code allows a licensee of intellectual property to retain certain rights under the rejected contract. An important question arises, therefore,...more

Reminder - Super Bowl Advertising and Use of the Word "Super Bowl"

by Gene La Suer, Sharon Malheiro | Davis Brown Law Firm on 1/15/2013

With the "Super Bowl" coming up in February, it's time for a reminder that the term "Super Bowl" is a trademark owned by the NFL and licensed to advertisers and the network that carries the game....more

Recent FTC Developments Regarding Standard Essential Patents

by Erin Murdock-Park | BakerHostetler on 1/15/2013

The FTC recently issued two decisions and proposed consent orders concerning Section 5 of the Federal Trade Commission Act (“FTCA”) and standard essential patents (“SEPs”). Not only do these decisions emphasize the...more

Watch That Incubator

by MoFo Tech on 1/10/2013

Make sure you’re protected before diving into academic collaboration - Today, many universities operate business incubators, and some are seeing significant success. Since 2006, for example, the University of...more

"Who Wants to Be a Millionaire?" Profit-Sharing Verdict Upheld by Ninth Circuit

by David Charapp | Duane Morris LLP on 1/4/2013

On December 3, 2012, the U.S. Court of Appeals for the Ninth Circuit in Celador International, Inc. v. American Broadcasting Companies, Inc., et al. upheld an interesting jury verdict, resulting in a $319 million judgment...more

Microsoft Court Holds Right to Replicate Software Is an Intangible Property Right for Purposes of California’s Sales Factor...

by Marty Dakessian, Mike Shaikh, Kyle O. Sollie, Brian W. Toman | Reed Smith on 12/28/2012

Earlier this week, the California Court of Appeal, First District, held that the right to replicate and install software is an intangible property right for sales-factor sourcing purposes. Thus, for the years at issue, the...more

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

by Jeff Neuburger | Proskauer - New Media & Technology on 12/20/2012

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

What’s The Big Idea? Protecting Employer-Owned Intellectual Property

by Matthew J. Maguire | Pepper Hamilton LLP on 12/19/2012

Originally published in the December 2012 issue of The HR Specialist. With the year-end holidays fast approaching, many businesses are in the midst of assessing their 2012 performance and planning for 2013. If those...more

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