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License Agreements Declaratory Judgments

Knobbe Martens

The Heightened Standard of Proving Induced Infringement

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ROCHE DIAGNOSTICS CORPORATION v. MESO SCALE DIAGNOSTICS, LLC - Before Newman, Prost, and Taranto. Appeal from the U.S. District Court for the District of Delaware. Summary: A finding of inducing infringement requires...more

Knobbe Martens

Be Careful What You Agree To: Incorporated Rules Clearly and Unmistakably Delegate Determining Arbitrability

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ROHM SEMICONDUCTOR USA, LLC v. MAXPOWER SEMICONDUCTOR, INC. Before Lourie, O’Malley, and Chen.  Appeal from the U.S. District Court for the Northern District of California. Summary:  An arbitration agreement, which...more

Tarter Krinsky & Drogin LLP

Fair Use: Prince Of The Universe Dethroned In Favor Of The Goldsmith

Decades ago, Andy Warhol created 15 silkscreen prints and pencil illustrations based on Lynn Goldsmith’s 1981 photograph of the artist Prince. Goldsmith’s agent had licensed Vanity Fair to use the image to publish an...more

Dorsey & Whitney LLP

Update – Trump Place Sign to Be Removed from NYC Building After Successful DJ Lawsuit

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We previously blogged about the licensing dispute between the building management of 200 Riverside Boulevard in New York City and DJT Holdings over whether management had the right to remove the Trump Place branding on the...more

Dorsey & Whitney LLP

Trump Brand Loses Trademark Licensing Dispute – Rules of Contract Law Prevail

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Trademark licensing disputes can present thorny issues at the intersection of contract and trademark law. And when the dispute involves the Trump brand for residential buildings, the adjudication of rights and obligations...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. Feb. 8, 2018) - In Berkheimer v. HP Inc., the Federal Circuit reviewed the District Court’s summary judgment finding that certain claims of a patent were invalid as...more

Goodwin

Federal Circuit Affirms Dismissal of AbbVie’s Humira License Suit

Goodwin on

The Federal Circuit has ruled that AbbVie’s declaratory judgment action seeking to invalidate a patent licensed from MedImmune will not go forward. AbbVie licensed several patents stemming from a research collaboration that...more

Knobbe Martens

Abbvie Inc. v. Medimmune Limited

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Federal Circuit Summaries - Before Prost, Dyk and Chen. Appeal from the United States District Court for the Eastern District of Virginia. Summary: A party may not seek a declaratory judgment to obtain piecemeal...more

McDermott Will & Emery

Sovereign Immunity Can Shield State University Research Foundations in PTAB Proceedings

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Addressing the application of the sovereign immunity defense under the 11th Amendment in the inter partes review (IPR) context, the Patent Trial and Appeal Board (PTAB) dismissed three IPR petitions, finding that the...more

Winstead PC

PTAB Finds Sovereign Immunity Applies to IPRs for State Universities

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The Patent Trial and Appeal Board (PTAB) dismissed three inter partes review (IPR) proceedings involving the University of Florida based on sovereign immunity. As background, the University of Florida Research Foundation...more

Foley & Lardner LLP

A Royalty By Any Other Name: Post-Expiration Payments After Kimble v. Marvel

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Patent holders and accused infringers will need to continue being creative in drafting license agreements after the Supreme Court’s recent decision in Kimble v. Marvel, No. 13-720, 2015 U.S. Dist. LEXIS 4067, at *6 (June 22,...more

Kelley Drye & Warren LLP

Ninth Circuit Affirms Judge Robart’s RAND Decision (Microsoft V. Motorola)

Yesterday, the Ninth Circuit court of appeals issued a decision affirming Judge Robart’s RAND decision in the much watched Microsoft v. Motorola case, basically ruling that the determination of a reasonable and...more

Moore & Van Allen PLLC

The ‘‘Burden’’ of Patent Infringement: Supreme Court Holds That Burden of Proof Remains With Patentee Even in Declaratory Judgment...

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The Supreme Court of the United States has made it clear that the traditional canons of litigation — including those involving jurisdiction and which party bears the burden of proof — hold true in patent cases, even those...more

Knobbe Martens

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

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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

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