Royalties

News & Analysis as of

New Mexico Supreme Court Undermines Validity Of Standard Royalty Agreements

On September 15, 2014, the New Mexico Supreme Court entered a decision in First Baptist Church of Roswell v. Yates Petroleum Corp., a case that could call into question the validity of royalty agreements and division orders...more

Misappropriation of Trade Secrets Warrants an Ongoing “Reasonable Royalty”

Sabatino Bianco, M.D., v. Globus Medical, Inc. - Comparing and contrasting Texas trade secret law to jurisprudence relating to patent infringement damages, the U.S. District Court for the Eastern District of Texas held...more

Indiana DOR Finds Economic Nexus, Disregards UPS

The Indiana Department of Revenue recently concluded that a company that earned royalty income from licensing trademarks and trade names to two of its Indiana affiliates, and had no physical presence in the state, nonetheless...more

Fourth Circuit Vacates Certification of Five Classes as "Manifestly Improper"

Plaintiffs, alleged owners of an interest in coalbed methane gas (“CBM”), brought five related putative class actions against defendants, CBM producers, for alleged failure to pay royalties and for a declaration that owners...more

Freedom to Contract Prevails in New Mexico

Is freedom to contract a good thing for everybody? First Baptist Church of Roswell v. Yates Petroleum Corp. says yes, and confirms that the public policy in New Mexico is freedom to contract. In this case, it was to avoid...more

Capitol Records, LLC v. Pandora Media, Inc.: Future of Digital Music May Depend on State Copyright Protection of Pre-1972 Sound...

Pandora Media, Inc., (“Pandora”), with over 250 million registered users and over 70% of the market share of Internet radio, is known as a leader in the digital music industry. In 2013 alone, Pandora streamed 16.7 billion...more

A Focus on Energy: Royalty Trusts [Video]

Latham & Watkins partner Jeff Muñoz explains Royalty Trusts....more

Convenience Trumps Potentially Higher Royalties

In re Nintendo of America, Inc. - The U.S. Court of Appeals for the Federal Circuit vacated a denial of a motion to sever and transfer, directing the district court to grant petitioner’s motion because the transferee...more

CO2 Separation Anxiety—Is the cost of separating CO2 from casinghead gas a “production” or “post-production” cost for purposes of...

In a recent decision, the Supreme Court of Texas concluded that the cost of removing carbon dioxide (“CO2”) from casinghead gas after completing enhanced oil recovery operations is a “post-production” cost, thus clarifying...more

July 2014: Bankruptcy and Restructuring Update

Intellectual Property Licenses in Bankruptcy—Uncertainties Remain Following the Eighth Circuit’s En Banc Decision in Interstate Bakeries. The bankruptcy of a party to an intellectual property license presents serious...more

Courts Address Important Questions About Allocation Wells in Texas

The relatively recent drilling of horizontal wells continues to challenge settled Texas oil and gas law in several significant respects. Most recently, Texas courts have been faced with two important issues: (1) the legality...more

Texas Supreme Court Holds Cost to Remove Carbon Dioxide Injected in Enhanced Recovery Operations Is Properly Deductible from...

On June 27, the Supreme Court of Texas issued an opinion in Marcia Fuller French, et al v. Occidental Permian Ltd., No 12-002 (Tex. June 27, 2014), a case closely followed by the oil and gas industry. In its unanimous...more

Tax Reform Act of 2014: Potential Impact on Tax-Exempt Organizations

Many of the provisions in the proposed Tax Reform Act of 2014 (“TRA 2014”) released earlier this year would adversely impact tax-exempt organizations. For example, TRA 2014 would remove the long-time exclusion from unrelated...more

Novel Copyright Action Involving Webcasting and Geofencing to be Decided in Harrisonburg

Radio stations that stream over the Internet typically have to pay performance royalties to the copyright owners of the songs that are being broadcast over the Internet. Last month, a group of radio broadcasters in Virginia...more

DOJ Revisits Music Royalty Consent Decrees

From cassette tapes to CDs to Pandora and Spotify, innovations in the music field over the past two decades have drastically changed how people access music. Songwriters, however, are paid according to a system that has been...more

North Dakota Court Dismisses Flaring Cases

You might recall that North Dakota achieved nationwide notoriety when photos of flaring Bakken wells visible from space circulated around the news. According to the U. S. Department of Energy...more

Energy Newsletter - June 2014

In This Issue: - Drafting Lessons From The "Deliver-Or-Pay Wars" Of The Southern Cone - Flaring Litigation in North Dakota is Capped - Shell Oil Co. v. United States -- A Divided Federal Circuit...more

Managing Antitrust Risks in Patent Licensing – Post-Expiration Royalties and Package Licensing

Patent owners have considerable freedom to negotiate the subject matter, price, and term in licensing agreements. However, antitrust law has been used to limit this freedom when an arrangement is considered to exceed the...more

Québec Court of Appeal Decision Results in Significant Victory for Franchisors

In a victory for franchisors, the Québec Court of Appeal confirmed the application of the doctrine of the indivisibility of contracts in a franchise context, supporting significant retroactive royalty awards for breaches of...more

What Is Required For Gas To Be A Marketable Product In Oklahoma?

This article discusses the case law in Oklahoma giving rise to the question of what is required for gas to be a marketable product, the differing view of royalty owners and producers on that question, the uncertainties under...more

Towards Certainty On Webcasting – Re: Sound Tariff 8 Certified

We inch closer to certainty regarding what royalty rates are payable in Canada by online webcasting services such as Pandora, Songza and Last.fm. On May 16, 2014, the Copyright Board of Canada released Re:Sound Tariff...more

Trade Secrets: Made for TV--Former director owes royalty for stealing source code

Acrimony, anger, revenge, piracy, and a legal battle—these are often the ingredients of a prime-time television drama. But in this case, they are not the makings of a plot found on cable, Netflix, or DVD. Instead, they are...more

From Second and State: Capitol Wrap – Week of May 5

House Debates Amendment to Post-Production Costs Bill - An amendment to a bill, which would prevent oil and gas companies from deducting post-production costs from their royalty payments, was debated on the House floor...more

Carnegie Mellon v. Marvell: District Court Declines to Liquidate Ongoing Royalties into Final Judgment

Having obtained a $1.5 billion judgment and an ongoing royalty against Marvell, Carnegie Mello University ("CMU") sought to liquidated the ongoing royalty amount in the Final Judgment. In response, Marvell argued that the...more

A Cost-Free Royalty Clause That Works – Part Two: The Override

Welcome to part two of the hair-splitting decision in Chesapeake Exploration, L.L.C. v. Hyder. See our prior post about the basic facts....more

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