License Agreements

News & Analysis as of

Business Litigation Report -- April 2014

In This Issue: -- Main Article: DOJ’s Use of Expansive Legal Theories Broaden FCPA Jurisdiction -- Noted With Interest: Proposed Amendments to the Federal Rules Aim to Lessen Burden of Discovery --...more

Netherlands: National lotteries wish to donate less to charity

Three Dutch lotteries currently holding a license for organizing charity lotteries (the Nationale Postcode Loterij, BankGiro Loterij and Vrienden Loterij have expressed their wish to pay less to charitable organizations....more

April 2014: EU Litigation Update

License Agreements Under Scrutiny—A New Challenge for Non-Challenge Clauses. In general, license agreements are deemed pro-competitive. Licensing leads to the dissemination of technology and promotes (follow on) innovation...more

Document Library to Protect and Capitalize on Intellectual Property

All companies need to take steps to document their rights in and the value of their intellectual property. When your core business is based on key intellectual property, be it a distinctive brand (trademark), innovative...more

Pennsylvania Tavern Games Licenses [Video]

At the end of 2013, Act 90 was passed into law. Act 90 allows certain liquor license holders to have tavern games in their establishment. If you currently have a Restaurant, Hotel, Privately Owned Public Golf Course, or...more

Stay Off My Turf! How to Protect Field of Use in a Biotechnology License Agreement

To protect a licensor’s rights, a key element of a biotech license is the licensor’s right to restrict the scope of the license by limiting the field of use, often to a particular disease area. But the license agreement only...more

Maine Seeks To Halt Unlicensed Consumer Lending

On March 16, Maine enacted legislation that makes it a violation of the Maine Unfair Trade Practices Act for a lender not organized and supervised under the laws of any state or the United States to solicit or make, either...more

European Commission Adopts Revised Competition Regime for Technology Transfer Agreements

On 21 March 2014, the European Commission (Commission) adopted a revised set of rules for the assessment of technology transfer agreements by the Commission and national competition authorities. The new Technology Transfer...more

Study of the European Parliament on the Protection of Creator's Rights in a Changing Environment

Copyright law is lagging behind reality due to the interminable development in the field of modern technology. This widespread prejudice is confirmed by a study recently released on behalf of the European Parliament (the...more

Oracle v. Rimini Ruling Shows Importance of Clarifying Consultants’ Rights in IT Agreements

Oracle USA, Inc. (“Oracle”) brought suit against Rimini Street, Inc. (“Rimini”), a software support-services provider. Rimini offers licensees of Oracle products a secondary source for support of Oracle applications. In the...more

U.S. Supreme Court Holds That Patentees Bear the Burden of Proof of Infringement in DJ Actions Brought by Licensee

A patentee bears the burden of proving infringement when a licensee seeks a declaratory judgment of non-infringement, the U.S. Supreme Court has held. The ruling reversed the Federal Circuit and clarified declaratory...more

LinkedIn Claims Breach of Contract by Bot Users

LinkedIn, the social networking site popular among professionals, recently filed suit in the US District Court for the Northern District of California against unknown users who deployed automated software programs known as...more

Allegations Regarding Third-Party Beneficiary Issues and Alter-Ego Status Belong in the First-Filed Venue - Futurewei...

Addressing an appeal of a dismissed action filed second-in-time, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s ruling on defendants’ motion to dismiss, finding that additional, related claims for...more

Licence To Pill: Exclusive Or Not? Bristol-Myers Squibb Company v Apotex Pty Ltd

The Federal Court of Australia held that Bristol-Myers Squibb Company (BMS) is not the exclusive licensee of a patent relating to aripiprazole under the terms of the licence granted to it by Otsuka Pharmaceutical Co Ltd...more

Hosting Providers Have Two Options For Customer-Supplied Licenses

Scott & Scott, LLP attorney, Christopher Barnett, suggests that hosting providers be aware of Microsoft's licensing rules regarding deployment on the service provider's servers. Failure to do so can result in severe...more

For the Common Good

For-profits and nonprofits in life sciences team up - Nonprofit groups are actively supporting research to solve tough medical challenges. Life sciences and pharma companies are eager to accelerate product development....more

Wearable Computing—The Next Front in the Smartphone Wars?

The rapidly shrinking size of computer components and the development of high-speed wireless signaling technologies have made mobile computing devices ubiquitous. Users can now access data and applications from virtually...more

Patent Trolls, Anti-Trolls, and Antitrust Law Collide in Patent Licensing Dispute

We previously wrote that regulators are considering using antitrust laws to reign in perceived abuses by non-practicing entities or, more familiarly, “patent trolls” – entities that purchase the rights to patents not to...more

Class Certification Partially Granted in O’Bannon NCAA Case: Current and Future Student Athletes Allowed in Class, Former Student...

This has been an eventful few weeks for the O’Bannon v. Electronic Arts, Inc., et al., No. 4:09-cv-01967 (N.D. Cal.) case in the Northern District of California; an over four-year-old showdown between the NCAA and current and...more

More on Choice of Law Provisions in International Contracts

I would like to build on the previous posts of my colleagues Vicky Saxon and Dave Reed regarding choice of law and, in particular, choice of New York law. Desperate for a blog topic? Perhaps....more

FTC Expands Reporting Requirements For Transfers Of Pharmaceutical Patent Rights

The U.S. Federal Trade Commission (“FTC”) issued final changes to the premerger notification rules that affect whether pharmaceutical companies must report certain proposed acquisitions of exclusive patent rights to the FTC...more

Federal Circuit Upholds Fee-Shifting Terms of Settlement Agreement

In Buckhorn Inc. v. Orbis Corp., the Federal Circuit reversed the district court’s refusal to enforce the fee-shifting terms of a licence and settlement agreement. The district court found that the terms did not apply because...more

A new test for the Pacto por México: energy reform – key points for energy companies

President Enrique Peña Nieto has submitted a sweeping Energy Reform Bill (ERB) to Mexico’s Congress. In his recent State of the Union Address, President Peña Nieto confirmed his commitment to move forward decisively with...more

Medicis Pharma. Corp. v. Anacor Pharma., Inc., C.A. No. 8095-VCP (Del. Ch. Aug. 12, 2013) (Parsons, V.C.)

In this opinion, the Court of Chancery denied the defendant’s motion to dismiss the plaintiff’s complaint for specific performance of a license agreement, holding that the plaintiff’s claims were not subject to mandatory...more

Software Compliance: Finding Authorized Vendors for Hardware with OEM Licenses

Scott & Scott, LLP attorney, Keli Johnson Swans, says do not assume that all pre-loaded software, which may range from Adobe products to Microsoft Office or Windows operating systems, is properly licensed by the vendor or...more

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