Patent Royalties

News & Analysis as of

Hurray For HOLLYWOOD (Florida)! -The Motion Picture Capital’s Distant Cousin

I am headed to Hollywood. As much fun as it would be to report that I am leaving the work-a-day world behind to try and make it in moving pictures, the silver screen will have to wait. I am actually going to the...more

Patent Infringement: How A Freedom To Operate Review Can Help Mitigate The Risk Of Substantial Liability

Damages that may be awarded to a patent owner who can prove that a party infringes a patent can be significant. These damages can include equitable remedies, such as an award of an injunction preventing the infringer from...more

Daubert Exclusion for Double Counting

Order Granting in Part Daubert Motion, Finjan, Inc. v. Sophos, Inc., Case No. 14-cv-1197 (Judge William Orrick) - Yogi Berra once said that “baseball is 90% mental; the other half is physical.” The humor in this...more

Most-Favored Licensee Entitled to Refund of 99 Percent of Lump Sum Royalty

The US Court of Appeals for the Fifth Circuit ruled that a most-favored licensee clause allowed a licensee that paid a lump sum of $70 million to be entitled to a refund when a subsequent licensee paid a lump sum of only...more

Carry on as Before: Supreme Court Refuses Sequenom’s Petition

To the surprise of many, including myself, the Supreme Court denied Sequenom’s petition for writ of certiorari (“Petition”). Sequenom asked the Court whether the inventive concept required under the Mayo/Myriad framework can...more

India’s Competition Authorities Investigate Monsanto

Monsanto’s Indian joint venture has come under fire anew for allegedly anti-competitive behavior. India’s Competition Commission opened investigations this week into allegations that Monsanto and its partner Mahyco...more

[Webinar] Best Practices for Licensing in Today's Evolving Legal Framework - June 16th, 1:00pm CST

The Supreme Court of the United States recently held that royalty payments beyond the expiration of a patent are per se unlawful. However, many ground-breaking technologies being developed and licensed from the nation's...more

Court Declines to Modify Judgment Based on Collateral Proceedings before the PTAB Finding Claims of Patent-In-Suit Invalid

Summary: In the decision referenced below, the court declined to modify a judgment pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure even though the PTAB had found several claims of the patent-in-suit...more

Principles of Equity: Denying Inventors their Constitutionally Promised Exclusivity

Article I, Section 8, Clause 8 of the United States Constitution, empowers the United States Congress: - ..To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the...more

District Court Orders Production of Settlement Agreements But Denies Request for Deposition That Would Go Beyond Four Corners of...

Plaintiffs filed a declaratory judgment action seeking a declaration that U.S. Patent No. 7,923,221 (the "Cabilly III patent"), owned by Defendants, is invalid and therefore Plaintiffs do not owe royalties with respect to...more

Judge Andrews permits Microsoft’s SEP-based antitrust claims against InterDigital to proceed (Microsoft v. InterDigital)

On April 13th, Judge Andrews in the District of Delaware issued an Order that denied InterDigital’s motion to dismiss Microsoft’s Complaint that alleged violation of antitrust laws based on InterDigital’s enforcement of...more

Bottom of the Ninth Disclosure of New Damages Theory Warrants More Discovery

In a recent opinion in a patent infringement case concerning a baseball pitching simulator, Judge Vanessa Bryant in the District of Connecticut issued an order to administratively close the case, pending further damages...more

Courts Analyze the Common Interest Doctrine's Application in a Patent Context

Courts recognizing the common interest doctrine limit its non-waiver effect to participants' common legal rather than financial interests. It can be difficult to apply this abstract principle to communications between a...more

In Daubert Ruling Excluding Both Parties’ Damages Experts, Judge Andrews Rejects FRAND Portfolio Rate as Ceiling on Reasonable...

On February 25, 2016, Judge Richard Andrews granted the parties’ cross-motions to exclude both sides’ damages experts in M2M Solutions LLC v. Motorola Solutions, Inc., C.A. No. 12-33-RGA, Dkt. Nos. 295 and 296 (D. Del. Feb....more

Redaction Made In Royalty Reports Are Improper; Motion To Amend Complaint Comes Too Late

Defendants move to compel compliance with subpoenas directed to a non-party. The court relieved the non-party from any obligation to produce documents since the contested documents were also in the possession of plaintiffs....more

II Ca-Be-lly or Not II Ca-Be-lly: Is The Famous Cabilly II Antibody Patent Near Extinction?

On February 5, 2016, the Patent Trial and Appeal Board (PTAB) issued a decision to institute an Inter Partes Review (IPR) of Genentech’s “Cabilly II” patent (U.S. Patent No. 6,331,415). This triggered the one-month deadline...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

Federal Circuit Review | January 2016

The Federal Circuit Will Review Appeals from Inter Partes Review Proceedings Under the “Substantial Evidence” Standard - In Merck & Cie v. Gnosis S.p.A., Appeal No. 2014-1779, the Federal Circuit affirmed a PTAB IPR...more

Regular audits of technology license agreements may reduce your patent royalty payments

Patent license royalty payments can be habit-forming. Some patent licenses have terms extending for potentially two decades or longer. As a result, patent licenses are frequently filed away never to be seen again....more

District Court Denies Accounting and Ongoing Royalty Where Jury Instructions Told Jury to Award Damages That Would Put Patent...

Prism brought suit against Sprint alleging patent infringement of U.S. Patent Nos. 8,127,345 and 8,387,155 (the "Asserted Patents"). After the jury returned a $30 million award in favor of Prism, Prism filed a motion for an...more

Top Stories of 2015: #11 to #15

After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories. For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe...more

Pandora Enters Into License Agreements With ASCAP and BMI

Following the Copyright Royalty Board’s ruling to raise Pandora’s royalty rates, last week Pandora announced new licensing agreements with the country’s two largest performing-rights societies, Broadcast Music Inc. and the...more

Top Patent Law Stories In 2015

I will try to keep this post as brief as possible, since I posted at length on all of the stories. There was a lot of IP action in 2015 – much involving the Fed. Cir. and Supreme Court’s resolution of cases in progress in...more

Direct injection broadcasting – who is communicating to the public?

The European Court of Justice (ECJ) has ruled that a broadcaster is not making a communication to the public for the purposes of Article 3(1) of the Copyright Directive (2001/29/EC) (Article 3(1)) when it transmits...more

“RAND-based Damages Analysis Applies to ALL Standard Essential Patents”

If you read one thing... The Federal Circuit held that its RAND-based damages analysis applies to all standard essential patents, even when there is no RAND commitment by the patent holder....more

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