News & Analysis as of

5 Key Considerations When Negotiating a License Agreement

License agreements can be a great way for a start-up company to generate revenue from sources other than the founders/funders. Start-ups can license their technology separately, or as part of a collaboration with another...more

“Raging Bull” and the Patent Act: Laches Still Available in Patent Cases - SCA Hygiene Products AB et al. v. First Quality Baby...

The U.S. Court of Appeals for the Federal Circuit convened an en banc panel to examine the Supreme Court’s “Raging Bull” decision in Petrella v. Metro-Goldwyn-Mayer, Inc. in the context of deciding whether laches remains a...more

Fahmy v. Jay Z - USDC, C.D. California, October 21, 2015

District court grants defendants’ motion for judgment as matter of law, finding that songwriter’s heir did not have standing to sue for copyright infringement because he had conveyed all his economic rights (copyright) to the...more

Music rights management in the Digital Single Market

The UK Intellectual Property Office (IPO) has launched a technical review consultation on how effectively the draft Collective Management of Copyright (EU Directive) Regulations 2016 (the Draft Regulations) implement EU...more

Entertainment and Media Litigation Update - October 2015

The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more

Gas Royalty Calculation 2015 – An Update

We would all agree, I think, that oil and gas producers and royalty owners share at least one clear, common objective – the accumulation of wealth from hydrocarbon production. Nevertheless, because their’s is not a...more

CR&B Alert: Commercial Restructuring & Bankrtupcy News - October 2015, No. 3

Welcome to the October 2015 issue of the CR&B Alert, the newsletter produced by Reed Smith's Commercial Restructuring & Bankruptcy Group. Readers who wish to print and read the newsletter in its entirety may do so by...more

Ray Charles Foundation Can Challenge Heirs’ Attempt to Reclaim Copyrights - Ray Charles Foundation v. Robinson et al.

The U.S. Court of Appeals for the Ninth Circuit reversed a district court’s dismissal of a suit brought by the sole beneficiary of the Ray Charles estate, concluding that the Ray Charles Foundation had standing to challenge...more

Royalty Allocations for Royalty Pools Must Be Well Reasoned and Based on a Record - Settling Devotional Claimants v. Copyright...

Addressing the reasonableness of the Copyright Royalty Board’s (Board) decision allocating a pool of royalties among several parties for the retransmission of copyrighted material by cable system operators, the U.S. Court of...more

Are You Sharing or Relinquishing Your Rights on Social Media?

Considering the meteoric growth of social media websites like Facebook—which had 1.44 billion active users in the first quarter of 2015[1]--the ecosystem of individuals and businesses that should be cognizant of the legal...more

Another Chesapeake Post-Production Deduction Case

The result was like others we’ve seen. Lessors Win. These wells are in Johnson and Tarrant County, Texas. Lessee Chesapeake Exploration sells to affiliate Chesapeake Marketing through affiliate-operator Chesapeake Operating....more

Important Changes in Litigating Oil and Gas Cases in Federal Court: What the 2015 Amendments to the Federal Rules Mean for Oil and...

Many oil and gas disputes are litigated in federal court. In recent years, federal litigation has undergone significant changes in discovery practices and rules. For example, with the increase in electronically stored...more

Microsoft And Google Resolve FRAND And Other Patent Disputes

Microsoft and Google announced that they have settled their global patent disputes, including the litigation underlying the FRAND dispute that gave rise to Judge Robart’s first-of-its-kind decision on determining a FRAND...more

Getting Hammered: California Trial Court Finds for E*Trade in Long-Running Misappropriation Case Where Plaintiff Destroyed the...

In a fifteen-year tale of how not to protect your emerging company’s trade secrets when dealing with the big fish, on September 16, 2015, a California trial court denied a company’s bid for royalties for technology...more

Rights of Publicity: A Potentially Catastrophic Pitfall for the Unwary Marketer as told by Jordan v. Dominick’s Finer Foods

Most marketing departments for large companies have at least a basic understanding, if not a proficient grasp, of the type of legal vetting that needs to be conducted before using an image in an ad or marketing piece. They...more

Drafting Intellectual Property Agreements: Best Practices From a Litigator’s Perspective

As intellectual property licensing continues to grow more prevalent, legal practitioners and business personnel are being asked to craft and negotiate agreements that can significantly impact a business’s ability to compete...more

NexusCard Seeks Wonderland in Georgia After Alice Motion in Texas

NexusCard, Inc. (“NexusCard”), a California corporation with its principal place of business in Lake Forest, California, filed a patent infringement action on August 18, 2015, against grocery chain Winn-Dixie Stores, Inc....more

New Temporary Regulations Narrow the Application of the Subpart F Active Rents and Royalties Exception

On September 2, 2015, the U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued Temporary Regulation § 1.954-2T concluding that third party arrangements cannot be taken into account for...more

En Banc Federal Circuit Maintains Laches Defense With Post-Suit Twist (SCA V. First Quality)

Today, in SCA v. First Quality, the Federal Circuit sitting en banc ruled that the equitable doctrine of laches remains a valid defense in patent infringement actions notwithstanding the Supreme Court’s recent decision in...more

Sublicensee’s Purchase of Licensee Not Prohibited under the License Agreement - VDF FutureCeuticals, Inc. v. Stiefel Labs., Inc.

The U.S. Court of Appeals for the Seventh Circuit ruled that a sublicensee of patent and trademark rights that purchased its sublicensor in order to reduce the royalties it owned to the licensor was not prohibited from buying...more

Wanted: Brand Deputies at the MN State Fair

The Minnesota State Fair continues to provide endless blog fodder for those who care about intellectual property. Last week, we wrote about a State Fair vendor concerned about its claimed, but unarticulated “intellectual...more

Supreme Court of Kentucky Provides Guidance on Deduction of Post-Production Costs

On August 20, 2015, the Supreme Court of Kentucky published two opinions addressing questions about the propriety of deduction of certain post-production costs from royalty payments under an oil and gas lease. In Baker v....more

IP Newsflash - August 2015 #4

SUPREME COURT CASES - The Supreme Court Upholds Prohibition on Charging Royalties After Patent Expiration - In Kimble v. Marvel Entertainment LLC, 576 U.S. ---- (2015), the Supreme Court declined to overrule its...more

Supreme Court Corner – Q3 2015

In Kimble v. Marvel Entertainment, the Supreme Court upheld a long-standing precedent that restricts the ability of a patent holder to charge a royalty beyond the term of a patent. In a 6-3 decision, the Court declined to...more

Standard-essential Patents and the RAND Requirement: Recent Decisions on Reasonable and Nondiscriminatory Royalties

Issues related to standard-essential patents (SEPs) have generated significant attention in the wake of the first appellate decisions on royalties for SEPs – Ericsson, Inc. v. D-Link Systems. 773 F.3d 1201 (Fed. Cir. 2014)...more

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