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Implications of U.S. Sanctions Program on Intellectual Property Owners

To advance U.S. foreign policy and national security objectives, the U.S. maintains laws and regulations that impose economic sanctions against certain countries, individuals, and entities (the "U.S. Sanctions Program"). 31...more

Licence To Pill: Exclusive Or Not? Bristol-Myers Squibb Company v Apotex Pty Ltd

The Federal Court of Australia held that Bristol-Myers Squibb Company (BMS) is not the exclusive licensee of a patent relating to aripiprazole under the terms of the licence granted to it by Otsuka Pharmaceutical Co Ltd...more

Online streaming of free-to-air TV channels: Why the approach taken by the European Court of Justice and UK High Court in the...

While in the UK the law in relation to the live streaming of free-to-view television channels has been resolved, following the reference to the CJEU and the High Court decision in the TVCatchUp (TVC) litigation, in favour of...more

Copyright Protection for User Generated Content in Virtual World Confirmed

While a legal battle will continue between a Second Life content "consultant" and a school teacher using the online virtual-world creating program as an educational tool, the Southern District of New York made one thing clear...more

Scanner Patent Troll Update: Titans Finally Enter the Battle

If you are like thousands of small American businesses, you might have received a dubious “cease and desist” letter during recent months from an LLC with an odd name. The LLC’s name has six letters, the first and fourth of...more

Patent Series: Protecting inventions [Video]

Janet Cord and Ray Diperna, partners at Ladas & Parry LLP, discuss the pros and cons of patents in protecting inventions....more

Software Licenses and Indemnities: What Obligations Are You Taking On?

License agreements often contain indemnities. An indemnity is a contractual obligation to step in and reimburse some financial obligation such as a liability, loss, or damage. In essence, the party giving the indemnity will...more

Patent Troll Receives Push Back

Over the past eight months, thousands of businesses across the United States received the same five-page letter from "The Licensing Team" of any one of 40 shell companies affiliated with MPHJ Technology Investments, LLC...more

U.S. Supreme Court to Review Burden of Proof to Apply in Patent Licensee Challenges

In 2007, the United States Supreme Court ruled that patent licensees could challenge their obligation to pay patent license royalties under a license agreement without first breaching the license agreement by halting royalty...more

ITC Section 337 Update - May 15, 2013

Federal Circuit Affirms Commission Determination That Litigation Activities Unrelated To Licensing Do Not Satisfy Domestic Industry – On May 13, 2013, the Federal Circuit affirmed a January 2012 Commission determination that...more

IP: Three things to know about mediating licensing disputes - Follow these tips to have the best opportunity for settlement in IP...

The number of IP disputes resolved in mediation has continued to increase as more attorneys make efforts to find a speedy resolution and cut litigation time and cost for their clients. Only a small percentage of costly patent...more

Copyright Alert: Associated Press v. Meltwater

Meltwater News infringed copyrights of the Associated Press (AP), the U.S. District Court for the Southern District in Manhattan held last week, when Meltwater republished excerpts of AP news stories as part of its online...more

Harlem Shake's Copyright Issues [Video]

March 25 (Bloomberg Law) -- Because you're watching this on the Internet you have undoubtedly seen Harlem Shake videos. And you're likely sick of them. There are more than 60,000 of them, and they've been watched more...more

Federal Circuit Review - Volume 3 | Issue 2 February 2013

In This Issue: • Licensing to Foreign Manufacturers Satisfies Domestic Industry • Appeal Found to Be Moot in Light of “Side Bet” • Mere Design Choice Leads to Obviousness Finding • Design Patent Infringement...more

Social Media Law (Part 2: Twitter & Copyright)

This recent US copyright decision involving Agence France Presse (AFP) and photographer Daniel Morel dealt with the rights of a news publisher to publish images posted to Twitter....more

IP Update, Vol. 16, No. 1, January 2013

IN THIS ISSUE: Patents - Federal Circuit Clarifies ITC Domestic Industry Requirement for Non-Practicing Entities; Permanent Injunctions on the Rise?; Sanctioned Parties in Exceptional Cases Continue to Get Fresh...more

"New Year Will See More Policing of Patent Conduct by US and EU Competition Agencies"

If recent events are any indication, U.S. and European antitrust agencies will remain focused this year on the intersection of intellectual property and competition law. In particular, the agencies have concluded that under...more

Can An “Anti-Patent Troll” Be a Monopsonist or a Section 1 Conspirator?

A recent interesting case suggests that “anti-patent trolls” may in theory face antitrust liability. In Cascades Computer Innovation LLC v. RPX Corp., 2013 U.S. Dist. LEXIS 10526 (N.D. Cal. Jan. 24, 2013), Judge Yvonne...more

A warning to US & foreign companies on Australian patent infringement by common design: Bayer Pharma AG v Genentech Inc [2012] FCA...

US and other foreign companies that do not have Australian commercial operations will be interested in this decision because it contains prima facie findings that some, perhaps, widely used commercial practices involving...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - January 4, 2013

In This Issue: - Washington Shoe Co. v. A-Z Sporting Goods, Inc., USCA Ninth Circuit, December 17, 2012: Ninth Circuit reverses dismissal of copyright infringement action by Washington-based shoe manufacturer...more

Patent Watch: Intel Corp. v. Negotiated Data Solutions, LLC

§ 251 suggests to a potential licensee that -- in the absence of contrary language in the licensing agreement -- a license under the patent that is not directed to any specific claims, field of use or other limited right will...more

Assignment of Copyright through Terms of Use: Does E-Sign Make It OK? A Tool for B2B Sites Dealing with Unauthorized Access to...

It is a common practice for Web site providers who accept submissions of user-generated content to include a license provision in their “Terms of Use” to obtain rights to use the content....more

A FRANDlier Realm

Europe’s courts take sides in standards patent disputes - When a patent becomes essential for a product to operate according to industry standards—say, for a cellphone to connect to a 3G network—patent protection can...more

Doing Business in Canada: Intellectual Property Law

Intellectual property (IP) portfolios are valuable assets that must be properly acquired, advantageously exploited and thoroughly protected in all commercially significant jurisdictions. Companies considering doing business...more

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