License Agreements

News & Analysis as of

Risky Business – Be Careful When Entering Into Term Sheets and Letters of Intent

The Delaware Supreme Court’s recent decision in SIGA v. PharmAthene has increased the legal risk associated with utilizing a term sheet or letter of intent. In SIGA, the Supreme Court enforced a contractual obligation to...more

There Is More than One Way to Slice the Apportionment Analysis - Commonwealth Scientific and Industrial Research Organisation v....

Addressing the application of the smallest salable patent-practicing unit analysis, as well as the impact of a patent’s standards essential status on apportionment and the relevance of prior licenses between the parties, the...more

The Arbitration Court declares it legal to deduct license fees for use of trademarks

The Arbitration Court declares it legal to deduct license fees for use of trademarks - The Moscow Arbitration Court rendered the Decision of December 31, 2015 on case No. ?40-153860/15. The case was essentially about the...more

First Sale Defense Blocks “Slam Dunk” Copyright Violation

The Ninth Circuit recently addressed the burden of proof applicable to the first sale defense to a copyright infringement claim. That defense provides that, once a copy of a work is lawfully sold or transferred, the new owner...more

Tips for commodity brokers and traders facing auto-renewal provisions in vendor agreements

Businesses of all kinds, and all sizes, enter into vendor agreements in the ordinary course of business. And like many third-party vendors, the types of vendors that cater specifically to the technology needs of commodity...more

Emerging Cybersecurity Company’s Distress Offers Important Lessons for Licensees and Lenders

Last week, the United States Court of Appeals for the Sixth Circuit issued a decision in the case of Cyber Solutions International LLC v. Pro Marketing Sales, Inc. Although the decision blazes no new legal territory, the...more

Choosing Delaware, Instead Of California Law, May Prove Very Costly Indeed!

Last spring, I had the pleasure of meeting Delaware Supreme Court Justice Karen Valihura when we were speaking at the Los Angeles County Bar Association’s annual Delaware & California Law Update. Given her visit to...more

Delaware Supreme Court Offers Insight on Enforceability of Preliminary Agreements and the Entitlement to Damages

In SIGA Technologies, Inc. v. PharmAthene, Inc., No. 20, 2015 (Del. Dec. 23, 2015), the Delaware Supreme Court affirmed a Court of Chancery opinion awarding expectation damages for a parties breach of an agreement to...more

Branding Checklist: Boom Or Bust 2016

2016 is already upon us! Now is a good time to thoroughly review your business’ branding, advertising and trademark portfolio. Your trademark represents the goodwill of your business, and therefore proper procurement,...more

Intellectual Property Law - December 2015

Down the Rabbit Hole: Trends in Software Patent Court Decisions Post-Alice - Why it matters: In Alice Corp. v. CLS Bank, the U.S. Supreme Court held that claims for a computer-based software method for reducing...more

Canadian Trademark Changes Delayed Once Again – Five Things to Do While You Wait

Canada is a critical U.S. trading partner. Products and services move fluidly across the border, which makes protecting trademarks in Canada exceptionally important for U.S.-based companies. However, Canada’s anachronistic...more

District Court Grants Motion to Dismiss for Lack of Standing Where Plaintiff Could Not Establish That It Owned All Substantial...

Plaintiff Max Sound Corporation ("Max Sound") filed a First Amended Complaint ("FAC") against three defendants: Google, Inc., YouTube, LLC and On2 Technologies (collectively, "Defendants"), for the infringement of Patent No....more

Reforms in the UK Export Control Organisation (ECO)

The ECO is making a combination of reforms, intended to improve its service in support of responsible defence and security exports while at the same time ensuring that the objectives of strategic trade controls to protect...more

Intellectual Property Issues in Bankruptcy and the Exclusion of Trademark Licenses from the Definition of Intellectual Property

The Bankruptcy Code divides intellectual property into distinct categories depending upon the particular type of intellectual property. Issues with respect to intellectual property can be of utmost importance in bankruptcy,...more

Structured Thoughts: News for the financial services community, Volume 6, Issue 7

Structured Products Offerings and Research Reports: Introduction - Structured products are sold by broker-dealers, many of which are affiliates of large investment banks. The equity research group of the same...more

Court Of Chancery Calculates The Length Of An Injunction Against Unfair Competition

How long should competition in violation of an agreement be enjoined? Normally, that would depend on what the agreement says. But when that is not set out by the parties’ contract, this decision explains how to determine the...more

Holy Smokes Batman! The Batmobile Won Copyright Protection

On September 23, 2015, the Ninth Circuit issued an opinion that will cause comic book fans and car aficionados to take notice. In  DC Comics v. Mark Towle, the court held that the production and sale of replica Batmobiles...more

Six Key Ways to Protect Mobile Medical App IP

As a long-term means of protecting value for a mobile medical application (MMA) product, securing core intellectual property tops the list. The technology behind your app may represent most of your company’s value, as any...more

Equals Three, LLC v. Jukin Media, Inc. - USDC, C.D. California, October 13, 2015

In copyright infringement action involving unlicensed use of humorous “viral videos,” district court denies copyright owner’s motion for partial summary judgment, concluding that all but one of allegedly infringing programs...more

Entertainment and Media Litigation Update - October 2015

The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more

Waivers of Rights to Compensation are Enforceable in Eminent Domain Actions

It’s not every day you’re involved in a successful eminent domain case before the California Court of Appeal. It’s even more unusual when the case deals with a number of interesting legal issues, such as the enforceability...more

Better Early than Never: SDNY Dismisses Lawsuit over Patent Settlement where Generics were Granted Early-Entry Licenses with...

On September 22, Judge Ronnie Abrams of the Southern District of New York dismissed an antitrust lawsuit against Takeda Pharmaceuticals and three generic drug manufacturers based on settlements they had reached regarding a...more

Standing Requires the Transfer of All Substantial Rights, Regardless of Whether a Patent Is Expired - Keranos, LLC v. Silicon...

Addressing whether an exclusive licensee of an expired patent had standing to sue for patent infringement, the U.S. Court of Appeals for the Federal Circuit confirmed that a licensee has standing when it holds all substantial...more

U.S. Supreme Court Upholds Ban on Post-Patent Expiration Royalties

Fifty years ago, in Brulotte v. Thys Co., the U.S. Supreme Court held that “a patentee’s use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se.” 379 U.S. 29, 32 (1964). On June...more

US Implements Additional Measures to Liberalize Cuba Sanctions

On September 21, 2015, the United States further amended existing regulations to implement the changes announced by President Obama on December 17, 2014 liberalizing US sanctions and export controls targeting Cuba. As a...more

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