Royalties

Did Sergio Garcia Lose in Match Play with the IRS?

by Thomas Wechter | Duane Morris LLP on 5/17/2013

One of the most recognizable names in professional golf—although not the most winning name, having never won a major golf tournament—is Sergio Garcia. He is especially known for his tree shots, the latest of which was a...more

MoFo New York Tax Insights - Volume 4, Issue 5 - May 2013

by Open Weaver Banks, Hollis L. Hyans, Kara M. Kraman, Irwin M. Slomka | Morrison & Foerster - State + Local Tax... on 5/14/2013

In This Issue: New York Enacts Significant Changes to Related Member Royalty Add-Back Law; Nuclear Power Plant That Produces Steam and Water to Generate Electricity Not Eligible for Investment Tax Credit; Appellate...more

Plan Nord – Québec’s New Mining Royalty Regime

by Hugo-Pierre Gagnon, François Paradis, Ward Sellers | Osler, Hoskin & Harcourt LLP on 5/9/2013

On May 6, 2013, the Québec government revealed its long-awaited mining royalty and tax regime in an official document titled “A New Mining Tax Regime: Fair for All,”....more

A First for FRAND: Federal Court in Microsoft v. Motorola Sets FRAND Royalty Rates for Standard Essential Patents

by Nick Grimmer, Stefan M. Meisner | McDermott Will & Emery on 5/9/2013

Microsoft v. Motorola developed a framework for courts to assess fair, reasonable and non-discriminatory (FRAND) terms for standard-essential patents. Its roadmap and analysis will probably influence future FRAND cases in...more

Figuring FRAND

by Jason Bartlett, William Goodwin, Alison Tucher | MoFo Tech on 5/2/2013

In our December post “A FRANDlier Realm” we discussed emerging law relating to patents that are essential to technological standards, like 3G wireless telecommunications. What happens when patent owners and product makers...more

Landmark Court Opinion Provides Guidance in Determining RAND Royalties for Standard-Essential Patents

by Jay Jurata, Matthew Poppe, David Smith | Orrick, Herrington & Sutcliffe LLP on 4/30/2013

On April 25, 2013, U.S. District Judge James Robart (W.D. Wash.) issued a much-anticipated opinion in a dispute between Microsoft Corporation (“Microsoft”) and Motorola, Inc., Motorola Mobility, Inc., and General Instrument...more

Skadden, Arps, Slate, Meagher & Flom LLP

"US District Court Issues First Decision Calculating a FRAND Royalty for Standard-Essential Patents"

by James Brelsford, Stacey Cohen, Daniel DeVito, James Elacqua, Edward Filardi, David Hansen, Douglas Nemec, P. Anthony Sammi, Andrew Thomases | Skadden, Arps, Slate, Meagher & Flom LLP on 4/29/2013

Why this case is important: - First decision to set a framework for determining a FRAND royalty; and - Provides guidance for calculating the value of a SEP, affecting (1) SEP holders and potential licensees...more

Game Developer’s Conduct Justified Granting Publisher a Permanent Royalty-Free License

by Sean Kane | Pillsbury Winthrop Shaw Pittman LLP on 4/26/2013

On April 9, the U.S. Court of Appeals for the 5th Circuit issued an order upholding an arbitration award against a video game developer and granting a publisher a perpetual license in the developer’s game due to the...more

Partial Win For Golfer In Treaty Case

by Charles (Chuck) Rubin on 3/28/2013

A recent Tax Court case addressed some interesting athlete and treaty issues. The Court ended up siding with the golfer on some, but not all, of the golfer's positions....more

Licenses For Public Performance Of Music At "Live Events" In Canada

by Bob Tarantino | Heenan Blaikie LLP on 3/25/2013

SOCAN (the Canadian public performance rights collective) recently announced that in 2012 they paid over $20 million in royalties from "concerts and live entertainment". That figure represented a 14% increase year-over-year....more

India Budget 2013: Key Changes Affecting International Investors

by George Cyriac, John Lillis, Kartick Maheshwari, Peita Menon, Prabhu Narasimhan, Nandan Nelivigi, Ray Simon | White & Case LLP on 3/15/2013

On February 28, 2013, India’s Finance Minister presented the country’s budget for the fiscal year beginning April 1, 2013 (Budget). The Budget includes several proposals that affect international investors investing in India,...more

Compulsory Unitization Undermines Texas Values (Rhetorically Speaking)

by Travis Booher, Charles Sartain | Looper Reed & McGraw, P.C. on 3/14/2013

Texas’s proposed Oil and Gas Majority Rights Protection Act(House Bill 100) has many detractors whose reasons are intense and varied. Here are some of them...more

Plan Nord – Québec Tables a Consultation Paper on its Proposed New Mining Royalty Regime

by Hugo-Pierre Gagnon, François Paradis, Ward Sellers | Osler, Hoskin & Harcourt LLP on 3/14/2013

On March 7, 2013, the Québec government released a consultation paper containing its proposed changes to the Québec mining royalty and tax regime in anticipation of its forum on the proposed regime to be held on March 15,...more

Consultation Document For Changes To The Québec Mining Royalties Regime Now Available

by Ann Bigué | Dentons on 3/11/2013

Following the announcement that a forum on mining royalties will be held on March 15th, 2013 in Montréal, the Québec Ministries of Finance and Economy and of Natural Resources have made available, on March 8th, a consultation...more

REGULATORY: U.S. Regulatory: A Decade’s Worth of Coal Sales to be Scrutinized by Interior, Senate

by King & Spalding on 3/5/2013

February saw outgoing Secretary of the Interior Ken Salazar respond to a joint letter by leaders of the Senate Energy and Natural Resources Committee questioning Interior’s management of royalties from coal mined on federal...more

The Joint DOJ and PTO Perspective on Standards-Essential Patents as Compared to that of the FTC

by Erin Murdock-Park | BakerHostetler on 2/12/2013

On January 8, the U.S. Department of Justice, Antitrust Division (“DOJ”) and the U.S. Patent & Trademark Office (“PTO”) (collectively, “the Agencies”) issued a joint policy statement regarding remedies for Standards-Essential...more

Quebec Government Announces Forum On Mining Royalties, March 15th, 2013

by Ann Bigué | Dentons on 2/12/2013

Québec Minister of Finance and Economy Nicolas Marceau and Québec Minister of Natural Resources Martine Ouellet announce that a forum on mining royalties will be held on March 15th, 2013 in Montréal, during which the mining...more

BayhDol25 Files Amicus Brief in Bowman v. Monsanto

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 1/31/2013

"Happy families are all alike; every unhappy family is unhappy in its own way." - Leo Tolstoy, Anna Karenina A great many amicus briefs have been filed in support of affirmance of the Federal Circuit's decision in Bowman...more

The Patent-Antitrust Interface: Are There Any No-No's Today?

by William Coston | Venable LLP on 1/31/2013

Antitrust law and patent law are legal tectonic plates – always in motion, occasionally converging, occasionally diverging, and occasionally moving in parallel relation. As patent suits have recently multiplied, the...more

Recent FTC Developments Regarding Standard Essential Patents

by Erin Murdock-Park | BakerHostetler on 1/15/2013

The FTC recently issued two decisions and proposed consent orders concerning Section 5 of the Federal Trade Commission Act (“FTCA”) and standard essential patents (“SEPs”). Not only do these decisions emphasize the...more

Oil and Gas Leasing and Development: A Real Estate Lending Perspective

by Steven Regan | Reed Smith on 1/3/2013

The Marcellus, Utica and other Shale gas plays have been an economic boon to landowners, the oil and gas industry, and the states and communities in which production is occurring. The impacts of shale oil and gas development...more

Microsoft Court Holds Right to Replicate Software Is an Intangible Property Right for Purposes of California’s Sales Factor...

by Marty Dakessian, Mike Shaikh, Kyle O. Sollie, Brian W. Toman | Reed Smith on 12/28/2012

Earlier this week, the California Court of Appeal, First District, held that the right to replicate and install software is an intangible property right for sales-factor sourcing purposes. Thus, for the years at issue, the...more

FTC/DOJ Workshop Shines Spotlight On Competitive Harms and Benefits of Patent Assertion Entities

by Ropes & Gray LLP on 12/20/2012

On Monday, December 10, 2012, the Federal Trade Commission and the Antitrust Division of the Department of Justice held a joint workshop (Agenda) on the activities of patent assertion entities (“PAEs”). PAEs, sometimes...more

California Court Finds in Favor of Microsoft, Upholds Costs of Performance

by Sutherland Asbill & Brennan LLP on 12/20/2012

On December 18, 2012, the California Court of Appeal ruled that receipts from the right to replicate software are sourced as sales “other than tangible personal property.” In reversing the trial court, the Court of Appeal...more

Fair Use and the Digital Campus: Court Says University Doesn’t Need Permission from Publishers to Give Students Course Packs Via...

by Ieuan G. Mahony, Charles McLaurin | Holland & Knight LLP on 12/12/2012

Classroom interests and publishing house interests often conflict with respect to access to educational content. Educational institutions (among others) support open or low-cost access to this content, citing the value of...more

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