Resales Agreements

News & Analysis as of

Real Estate News in Metro DC

Ballard Spahr’s mixed-use, condominium, and multifamily lawyers are pleased to provide this newsletter to keep you apprised of important developments and trends in real estate law in Maryland, Virginia, and Washington, D.C....more

Central District of California Holds That the California Resale Royalty Act Is Preempted by Federal Copyright Law

As previously discussed on this blog, the validity of the California Resale Royalty Act (the “RRA,” Civil Code Section 986), a 1976 law that requires resellers of fine art to pay a royalty of 5 percent to the artists behind...more

Epsilon Case Highlights the Need for Sanctions Due Diligence on Resellers

As global companies begin to reenter the Iranian market, a decision issued by the U.S. District Court for the District of Columbia is an important reminder that resellers and distributors can generate liability for U.S....more

Federal Circuit Review | March 2016

Under O2 Micro, a District Court Must Provide a Claim Construction if the Parties Dispute the Meaning of a Claim Term - In Eon Corp. IP Holdings LLC v. Silver Springs Networks, Inc., Appeal No. 2015-1237, the Federal...more

No Rule of Reason Here: State AG Reminds Manufacturers That Minimum Retail Price Agreements Are Illegal Per Se in Maryland with...

In 2007, the Supreme Court overturned almost a century of precedent by ruling that vertical price restraints were no longer per se violations of the Sherman Antitrust Act (the “Sherman Act”), finding they would now be...more

SEC Permits Immediate Resale Under Rule 144 of REIT Shares Issued in Exchange for OP Units

On March 14, 2016, the SEC issued a no-action letter permitting holders of shares of common stock of a publicly traded REIT, or REIT shares, received in exchange for privately placed units of the REIT’s operating partnership,...more

When Is a Sale Less Than a Sale?

Patent owners have the right to exclude all others from making, using, or selling their inventions without first obtaining permission. But what happens to somebody who lawfully purchases a product or article that embodies a...more

Maryland AG Challenges Resale Price Maintenance Agreement

On February 29, 2016, the Attorney General of Maryland filed a complaint alleging that Johnson & Johnson Vision Care, Inc. (Johnson & Johnson) violated the Maryland state antitrust law by entering into an agreement with a...more

"Key Takeways: The Emerging Legal Landscape Regarding Ticket Sales"

Over the last few years, state lawmakers and enforcement agencies have focused increasingly on protecting consumers who purchase tickets to sports and entertainment events. Private actions also have targeted ticket sellers’...more

Disclosure Packets and Resale Certificates: Statutory Updates

Since our last postings on the subject of disclosure packets, the General Assembly has adopted several minor Code changes to clarify existing provisions: Delivery by Overnight Carrier The Code section providing for...more

Federal Circuit “Tones Down” Efforts to Expand Patent Exhaustion

In a rare instance in which all judges participated, the Federal Circuit issued a ruling earlier this month, in Lexmark International, Inc. v. Impression Products, Inc., on the legal issue of patent exhaustion for both...more

Federal Circuit Precedents on Domestic and International Patent Exhaustion Principles Remain Unchanged (Lexmark Int’l, Inc., v....

The en banc U. S. Court of Appeals for the Federal Circuit issued its long awaited (10-2) decision, reaffirming the court’s prior rulings in Mallinckrodt and Jazz Photo that a seller can use its patent rights to block resale...more

The Federal Circuit Finds Foreign Sales Do Not Exhaust Patent Rights

In Lexmark International, Inc. v. Impression Products, Inc., No. 14-1617 (Fed. Cir. 2016), the U.S. Court of Appeals for the Federal Circuit decided en banc that a U.S. patent owner’s “first sale” of items in a foreign...more

Federal Circuit Holds that Restricted Sales and Foreign Sales Do Not Exhaust Patent Rights: Lexmark International, Inc. v....

In Lexmark International, Inc. v. Impression Products, Inc., the en banc Federal Circuit held that (1) the sale of an article under clearly communicated and otherwise lawful restrictions on use and resale avoids patent...more

NH electric vehicle charging stations and utility status

As electric vehicles become increasingly popular, New Hampshire utility regulators have opened an investigation into the legal and regulatory issues implicated by the potential resale of electricity by electric vehicle...more

Competition News December 2015

The French Competition Authority recalls that a resale price mentioned publicly is not necessarily an imposed resale price - The French Competition Authority inaugurated December with a non-suit concerning an alleged...more

NASAA Mistakes The Principal

I have frequently commented on the fact that many so-called “investor protections” have the unintended consequence of increasing the risk of investor losses.  One example are limitations on resales.  An illiquid security is...more

Ninth Circuit Draws Fine Line Around Fine Art Resale Royalties

In a partial victory for artists such as Chuck Close and the Sam Francis Foundation—and for other visual artists who sold early works for rent money before establishing their name and value—the Ninth Circuit Court of Appeals...more

Illinois Supreme Court Debates the Locus of Sales Tax Liability

Our previews of the Illinois Supreme Court's September docket continue with Hartney Fuel Oil Co. v. Hamer, which will be argued this morning in Chicago. Our detailed summary of the facts and lower court rulings in...more

Beware And Be Smart: California Remains A Danger Zone For Resale Price Restrictions

Most recently, the U.S. District Court of the Central District of California denied a retailer’s motion to dismiss vertical price fixing claims filed under the state’s Cartwright Act and Unfair Competition Law....more

Reseller vs. License By Richard Hsu [Video]

Richard Hsu, a technology transactions and intellectual property partner in the Mergers & Acquisitions Group at Shearman & Sterling, discusses the difference between a reseller or distributor agreement with a technology...more

How a Unilateral Policy Morphed into an Illegal Resale Price Fixing Agreement

Two recent decisions in a California federal court case highlight the rocky shoals a supplier must navigate to control the prices charged by the resellers of its products without violating antitrust laws....more

New Paradigms In Investor Liquidity: Private And 'Off-Market' Resales Of Securities Under Rule 144 And Beyond

I. Introduction - Over the past decade, a paradigm shift has been occurring in the capital markets that has opened a new panoply of options for security holders desiring liquidity. Originally Published in...more

Court Finds No Digital Re-Sale Right for iTunes Music

One reason to buy physical books and music CDs rather than Kindle books and iTunes files is that when you own a physical copy of the book or music CD, you can lend it to friends. You could also, if you chose, sell your copy....more

Spilled Milk: District Court Judge Sides with Policyholder in Recall Damages Dispute

On January 8, 2013, a Minnesota federal district court granted summary judgment in favor of a policyholder who sought coverage from its commercial general liability insurer for contract damages stemming from the recall of...more

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