Pennsylvania Tavern Games Licenses
KIMBLE V. MARVEL ENTERPRISES, INC.
Patent Licensing - Cert. Pending -
Issue: Whether the Supreme Court should overrule Brulotte v. Thys Co., which held “a patentee’s use of a royalty agreement that projects...more
Fifty years ago, in Brulotte v. Thys Co., the U.S. Supreme Court held that the collection of royalties after a patent’s expiration constitutes per se patent misuse. Although criticized by scholars, antitrust agencies, and the...more
Endo Pharmaceuticals, Inc. v. Roxane Laboratories, Inc.
Case Number: 1:13-cv-03288-TPG -
Defendant Roxane Laboratories, Inc. (“Roxane”) was sued by Endo Pharmaceuticals, Inc. (“Endo”) when Endo learned that...more
On average, the U.S. Supreme Court historically hears fewer than one patent case each term. For example, in the 14 years between 1982 and 1995, the Court decided only five patent cases. In the seven years between 1995 and...more
The U.S. Supreme Court Friday agreed to revisit a longstanding precedent that bars patent owners from collecting royalties after their patents have expired, even if those post-expiration payments represent compensation for...more
On Friday, December 12, 2014, the U.S. Supreme Court granted certiorari on Kimble v. Marvel Enterprises, Inc., No. 13-720, opening the possibility that the Supreme Court will overturn Brulotte v. Thys Co., 379 U.S. 29 (1964),...more
The Grigoleit Co. v. Whirlpool Corp. -
Addressing a lower court’s reasonable royalty determination that chose not to rely on the Georgia Pacific factors, the U.S. Court of Appeals for the Seventh Circuit recently...more
BNB Health Grades, Inc. ("Health Grades") filed a patent infringement action against MDx Medical, Inc., d/b/a Vitals.com ("MDx"). During the litigation, Health Grades identified licensing agreements and associated systems...more
Federal Circuit: Licensor Has No Standing to Sue Where it Has Transferred “All Substantial Rights” to Its Licensee -
The Federal Circuit affirmed a decision by Judge Schneider in the Eastern District of Texas to...more
Determining inventorship is answering the question: who contributed enough to an invention to be named as an “inventor” on the patent application? It’s critical, as reviewed by my colleague Shohini Bagchee in her article...more
A recent decline in patent litigation has been attributed to the evolving patent eligibility standard, as well as to an increase in post-grant review proceedings at the Patent Office, now reported to be “the second-biggest...more
Finjan, Inc. v. Blue Coast Sys., 2014 WL 5321095 (N.D. Cal. Oct. 17, 2014).
In this patent infringement case, the plaintiff company moved the court to compel the defendant to produce archival emails from eight...more
Earlier this year, I wrote about efforts to reform the patent system to curtail abuses by “patent trolls.” Patent trolls do not manufacture anything. Rather, they often buy up patents and then bring lawsuits against...more
Plant patents are often overshadowed by their more well-known utility and design patent counterparts under U.S. law. Yet, with the increasing branding and differentiation of agricultural commodities, plant patent rights...more
It is sometimes tempting when entering into a joint research agreement to agree that both parties will jointly own any patent rights arising from the collaboration. However, unless the rights of each party are clearly set out...more
Parties regularly opt to keep terms, conditions and licensing agreements confidential when settling patent infringement disputes. Often, patentees do not want the license terms to serve as precedent in other assertions of the...more
For a drug discovery start-up, patent protection of the intellectual property underlying the commercialization pursuit is critically important. If the company is a university or research institution spin-out that obtained...more
Cellport Systems, Inc. v. Peiker Acustic GMBH & Co. KG -
In a case addressing whether royalties are due under a patent licensing agreement even if the products are not covered by the patents, the U.S. Court of Appeals...more
The Indiana Department of Revenue recently concluded that a company that earned royalty income from licensing trademarks and trade names to two of its Indiana affiliates, and had no physical presence in the state, nonetheless...more
Oregon introduces bill to make improper patent license demands a violation of its unlawful trade practices law -
In February 2014, Senate Bill 1540 was filed, which would make patent trolling a violation of the...more
Northern District Court Of Illinois Contemplates Holding Asserted Patent Unenforceable Based On Breach Of FRAND Commitment –
On July 23, 2014, Judge James Holderman issued an Order to Show Cause and Jury Verdict in...more
The intersection of bankruptcy law and intellectual property law is not a very nice neighborhood. Anyone dealing with intellectual property license agreements must think about how these agreements are affected if one party to...more
Q: There’ve been several stories lately about proposed laws intended to crack down on patent trolls. What is a patent troll?
A: To understand what a patent troll is, it’s best to first understand what a patent really...more
In This Issue:
- Supreme Court Hears Six Patent Cases This Term
- Is Implied License the New Fair Use?
- Navigating the Murky Waters of the Domestic Industry Requirements in the International Trade...more
A Texas jury has awarded SimpleAir, Inc. $85 million from Google for infringing the company’s patent generally relating to transmitting Internet-based data to computers and mobile devices. Google’s accused services included...more
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