License Agreements

News & Analysis as of

Second Circuit Partially Reverses District Court Preliminary Injunction Order In Aid Of Arbitration

Defendant-appellant Benihana of Tokyo, LLC appealed a 2014 order of the United States District Court for the Southern District of New York granting the application of plaintiff-appellee Benihana, Inc. for a preliminary...more

VC’s running scared – Hooli is suing Pied Piper (Episodes 9 and 10) continued

Last post I mused that had Richard taken certain steps in the first season of Silicon Valley, he might now have ammunition to use against Hooli’s lawsuit. What am I talking about? To very crudely recap what happened last...more

Second Circuit Affirms Victory for Pandora On Music Streaming Rights

On May 6, 2015, in Pandora Media, Inc. v. American Society of Composers, Authors, and Publishers, the Second Circuit held that composers and music publishers cannot partially withdraw from the American Society of Composers,...more

Remember the Alamo® but Don’t Forget the License.

With hard pressed economic times, state and local governments have turned to new sources of revenue: intellectual property licensing. The City of New York has been in the game for decades, licensing use of its the I ? NY...more

$58 Million Antitrust Settlement Approved for Performing Rights Organization Accused of Monopolization

A nationwide class of local television broadcasters recently celebrated when a federal judge approved a settlement agreement in its antitrust lawsuit against one of the three U.S. performance rights organizations (PROs). In...more

DISHing it out with the Fox: How the Second Screen Has Survived Fox’s Copyright Attacks

January’s Central District of California ruling on Fox Broadcasting’s claims against the DISH Network clarifies some of the ambiguity surrounding second screen cross-device programming distribution and copyright infringement....more

Is Hosting Microsoft Products via Third Parties a Good Option?

Scott & Scott, LLP attorney, Christopher Barnett,, helps you answer whether hosting Microsoft products through third parties is a good option for your company....more

Copycat Characters and the Selective Enforcement of IP Rights

Spring is here with summer just around the corner. While many are preparing for barbeques and boating, others are finalizing plans and perhaps costumes in preparation for Comic-Con (Comic Book Convention) season....more

The Netherlands: Annual report Gaming Authority – Illegal operators jeopardize granting of license

Last week, the Dutch Gaming Authority (“KSA”) published its 2104 annual report. The report provides some facts and figures with respect to 2014, as well as a forecast for the following years. A short overview...more

Sports, Media and Entertainment Intelligence - April 2015 (Global)

FILM AND TV - Australia: ACMA's broad powers to hold media accountable confirmed by High Court - The High Court has confirmed that the Australian Communications and Media Authority (ACMA) has the power to declare that a...more

Supreme Court Shows Reluctance to Overturn Brulotte’s Prohibition on Post-Expiration Royalties

Yesterday the Supreme Court heard oral argument in Kimble v. Marvel Enterprises, one of the most important cases on the Court’s docket this term for antitrust and patent law practitioners. As we previously discussed, in...more

TufAmerica v. Diamond - USDC, S.D. New York, March 24, 2015

TufAmerica v. Diamond - USDC, S.D. New York, March 24, 2015 - District court awards summary judgment to defendants, members of the Beastie Boys, holding that plaintiff did not have standing to file suit for...more

Intellirod Spine Signs Licensing and Distribution Agreements With X-Spine Systems Inc.

Intellirod Spine LLC is, according to its website, a medical device company developing wireless sensing technologies for use in spinal care.  According to Orthopedic Design and Technology, Loadpro is the company’s forthcoming...more

Kimble and Post-Expiration Royalties: The Next Big Thing, or Much Ado About Nothing?

Today, as we previewed here, the US Supreme Court analyzed the question of whether patent holders should be allowed to contract for royalty payments that continue to accrue after the expiration of the subject patent. While...more

A Case Study: How the Record Breaking Antitrust Penalty Against Qualcomm Transforms the Landscape of SEPs Licensing in China

The PRC National Development and Reform Commission (NDRC) finally concluded its antitrust investigations against Qualcomm and issued an administrative sanction on February 10, 2015, putting an end to the 16-month...more

Implied Easements and Lessons for Landowners

On Jan. 28, 2015, in Richardson v. Franc, 14 C.D.O.S 941 (2015), the California Court of Appeal for the First Appellate District ruled in favor of an easement holder by granting an irrevocable license permitting additional...more

Supreme Court to Hear Argument on March 31 Whether to Overrule Brulotte v. Thys, Co.

Fifty years ago, the Supreme Court held in Brulotte v. Thys Co., 379 U.S. 29 (1964) that a license agreement requiring royalty payments for use of a patented invention after expiration of the patent term is unlawful per se. ...more

Supreme Court Corner - Q1 2015

Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. Patent – Decided: January 20, 2015 - Holding: When reviewing a district court’s resolution of subsidiary factual matters made during its construction of a patent claim,...more

Blog: Trump Card: Delaware Bankruptcy Court Deals Trademark Owner The Winning Hand Over A Debtor Licensee

Risky Business. When a debtor is a licensee under a trademark license agreement, does it risk losing those license rights when it files bankruptcy? The question had not been answered in a Delaware bankruptcy case until Judge...more

Solicitor General Argues that Antitrust Principles Do Not Warrant Overturning Brulotte

On Friday the Solicitor General filed an amicus brief in Kimble v. Marvel Enterprises. As we previously noted, in Kimble, the Supreme Court will consider whether to overturn Brulotte v. Thys Co., a 50-year-old precedent...more

Licensing Non-Employees to Access Microsoft Products on Your Servers

Many businesses have teams of third-party vendors to assist with their business operations or to provide independent services – like software development or website design – that require access to company servers. For...more

Australia: ACMA’s Broad Powers to Hold Media Accountable Confirmed by High Court

The High Court last week confirmed that the Australian Communications and Media Authority (ACMA) has the power to make administrative findings that a person has committed a criminal offence, for the purpose of determining...more

Can A House Be An Advertisement? The 5th Circ. Thinks So

In the world of general liability insurance policies, it is not uncommon for policies to exclude coverage for claims resulting from copyright or trademark infringement, while covering claims resulting from “advertising...more

Mayo Clinic and Gentag, Inc. To Develop Wireless Sensors for Treatment of Obesity and Diabetes

Mayo Clinic and Gentag, Inc. have reached a joint intellectual property (IP) agreement to develop wearable biosensors designed to fight obesity and diabetes.  According to the press release, the agreement will allow certain...more

Snow Joke: The Weather Channel Zaps Trade Secrets Misappropriation Claims

We have written before about business collaborations gone sour that lead to trade secret misappropriation lawsuits.  In a recent example, The Weather Channel convinced a court to wash away claims that its use of data from a...more

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