License Agreements

News & Analysis as of

Sorrento Announces Successful Trial with Omalizumab Biosimilar

On May 16, 2016, Sorrento Therapeutics announced successful results from a Phase 2 and 3 clinical study for a biosimilar to Xolair. Xolair (omalizumab) is marketed by Genentech and Novartis to treat allergic asthma and...more

False Claims Act Trends: Technical Data, Software And IP

Government contracting has never been easy. But occasionally it is exciting, at least at the outset: Figuring out how to prepare the most competitive proposal and landing a significant contract are memorable achievements...more

UK Finance Bill 2016: Royalty Withholding Tax

Domestic UK law imposes a 20% royalty withholding tax on limited types of payment and on specific categories of intellectual property. This year's Finance Bill expands the scope of intellectual property royalties that are...more

Media, Sport and Entertainment Intelligence - May 2016

Welcome to the latest issue of Media, Sport and Entertainment Intelligence, offering you a selection of the latest and most impactful sector news worldwide. ...more

European Commission Publishes E-commerce Geo-Blocking Inquiry Findings

The European Commission (the executive of the EU) recently published the initial findings of its e-commerce inquiry, an investigative process conducted to determine whether and to what extent competition is being restricted...more

California Court Gives Two Thumbs Down and Voids Non-Compete in Actor’s Agreement

Seyfarth Synopsis: Limitation on an actor’s ability to work in certain films struck down as an unlawful restraint of trade. California, mecca of the film and media production industries in the U.S., is notorious for...more

Having The “Are You Operating an (Illegal) Franchise System Without Knowing It?” Conversation

Franchising laws are very broad in scope and may inadvertently encroach upon standard licensing or distribution agreements. The repercussions for operating an illegal (or more likely inadvertent) franchise system can be very...more

First Successful Prosecution For A Recommendation Based On Inside Information

French Administrative Supreme Court, 10 July 2015, n°369454 - A recommendation to acquire or dispose of a financial instrument on the basis of inside information is market abuse, even if no inside information is...more

President’s Trip to Cuba Accompanied by Expanded Treasury and Commerce Regulations

On March 20, President Obama arrived in Cuba for an historic visit, marking a significant step in the Obama Administration’s efforts to normalize relations, a process that began in December 2014. The Administration has stated...more

Passive Trademark Licensor Held Not Liable for Product Defect

Can merely licensing a trademark result in strict liability for injuries resulting from a product bearing the trademark? A decision earlier this month says no....more

Issues for consideration: EPC contracts and technology licenses in petrochemical projects

In petrochemical projects, the engineering, procurement and construction (EPC) contracts are often negotiated after the technology licenses have been negotiated between the technology licensors and the project...more

U.S. Commerce Department Expected to Temporarily Lift Sanctions on Chinese Global Telecommunications Manufacturer ZTE Corporation

On March 8, 2016, the U.S. Department of Commerce placed Zhongxing Telecommunications Equipment (ZTE) Corporation, ZTE Kangxun Telecommunications Ltd. (ZTE Kangxun), and affiliates Beijing 8-Star International Co. and ZTE...more

6 Unique Challenges for Protecting and Exploiting Intellectual Property in the United Arab Emirates

The United Arab Emirates (UAE) is an attractive global business centre and gateway to the wider Middle East region for international companies seeking to commercialise and exploit their brands, products and...more

Federal Circuit Reaffirms Its Longstanding Patent Exhaustion Precedents in Lexmark v. Impression Products (Fed. Cir. Feb. 12,...

Under the doctrine of patent exhaustion, otherwise referred to as the “first sale doctrine,” the initial authorized sale of a patented item exhausts a patent owner’s rights to further control the sale, offer for sale, or use...more

Alleviate the Fear of a License Counterparty Filing for Bankruptcy

A legitimate fear among companies negotiating license agreements exists, and that is the fear of the license counterparty filing for bankruptcy. Given the business interruption that ultimately could occur as a result of a...more

District Court Holds that a Sale Must Make the Invention Public in Order to be an On-Sale Bar under AIA

On March 3, 2016, a U.S. District Court judge held that the entering into and publicizing of a licensing and supply agreement did not constitute an on-sale bar under the America Invents Act. The pre-AIA statute relating...more

Playboy Enterprises International Inc. v. Mediatakeout.com LLC - USDC, S.D. N.Y., March 8, 2016

In dispute over Playboy photos of rapper Azealia Banks, district court denies motion to dismiss copyright infringement and Digital Millennium Copyright Act claims stemming from website’s unauthorized addition of its own...more

Doing Business With Cuba: New Guidance Posted

As President Obama moves forward to revise policies toward Cuba, opportunities for carriers on the U.S.-route continue to arise. In addition to revisions to relevant FCC regulations, which we’ve covered here and here,...more

Plaintiff Has Standing To Sue For Infringement Of Deduplication Patents

EMC Corporation, et al. v. Pure Storage, Inc., C.A. No. 13-1985 - RGA, February 29, 2016 - Andrews, J. Court finds plaintiff has standing to sue - The disputed technology relates to deduplications. ...more

Is that Letter of Intent Enforceable?

Letters of intent, or term sheets (“LOIs”), are commonly used in M&A and other corporate transactions. However, when discussions between parties breakdown the question often arises, are any of the terms in the LOI...more

Caveat Emptor: Non-compliance with a Non-Binding Term Sheet Results in $195 Million Judgment

On December 23, 2015, the Delaware Supreme Court affirmed the Delaware Chancery Court’s award of $195 million to PharmAthene, Inc. (“PharmAthene”) as compensation for lost profits (a/k/a expectation damages) on account of the...more

United States Government Continues to Take Steps Expanding Opportunities to Serve U.S.-Cuba Telecommunications Routes and Cuban...

In a recent flurry of activity to implement the President's policy agenda to reestablish relations with Cuba, federal agencies are moving forward with a wave of proceedings and regulations with specific provisions geared...more

Health Update - February 2016

Better Late Than Never: CMS Provides Much-Needed Clarity on the 60-Day Overpayment Refund Requirements - On February 12, 2016, the Centers for Medicare & Medicaid Services (CMS) issued the long-awaited final rule (Final...more

CBM Review Not a Venue for Review of Contractual and Tortious Disputes (Ocean Tomo, LLC v. PatentRatings, LLC)

Addressing the issue of standing, the Patent Trial and Appeal Board (PTAB or Board) denied institution of a covered business method (CBM) patent review, finding that the petitioner failed to show sufficient proof...more

Travelling With Your Online Account in Europe

The European Commission’s proposal for cross-border portability of online content services for consumers is poised to bring changes to territorial licensing in the EU - Last year, we reported on the Commission’s...more

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