News & Analysis as of

Royalties Licenses

Pillsbury - CommLawCenter

Cable and Satellite Royalty Claims Due to the Copyright Royalty Board by July 31, 2024

This advisory is directed to television stations with locally-produced programming whose signals were carried by at least one cable system located outside the station’s local service area or by a satellite provider that...more

Knobbe Martens

Reliably Determining Reasonable Royalty Rates From Lump-Sum Licenses

Knobbe Martens on

Summary:  License agreements containing a lump-sum payment “based on” a royalty rate may provide reliable evidence of a reasonable royalty rate for the licensed patent. EcoFactor sued Google for patent infringement over...more

Arnall Golden Gregory LLP

Misinformation Regarding Mechanicals and the MLC: What’s the Deal With Downloads?

The Mechanical Licensing Collective (“MLC”) was created to make paying songwriters and publishers easier. Just as performance rights organizations issue blanket licenses to music users (radio stations, television, venues,...more

Axinn, Veltrop & Harkrider LLP

IoT SEP Negotiations: New Players in a Complicated Game

Why should internet of things (IoT) manufacturers prepare to be approached by standard essential patent (SEP) holders? A recent trend suggests that many implementers may soon have to negotiate licenses that implicate...more

Axinn, Veltrop & Harkrider LLP

SEP Licensors and Licensees Become Increasingly Fragmented

In a report by IPlytics, published today, they have confirmed what most in the business already presumed: that ownership of 5G standard essential patents (SEPs) is becoming increasingly fragmented. That means, as each patent...more

ArentFox Schiff

Here Comes The Judge… And Only The Judge: Time to Collect Royalties from Licensing

ArentFox Schiff on

Yankees’ superstar Aaron Judge and the Major League Baseball Players Association (MLBPA) have finally emerged victorious from an intellectual property dispute, which they have been fighting since Judge’s 2017 rookie season....more

Sheppard Mullin Richter & Hampton LLP

Controversial New Open Source License for Decentralized Apps – Protects Users’ Data and Cryptographic Keys

A controversial new open source license designed for use with decentralized applications was recently approved by the Open Source Initiative (OSI). The Cryptographic Autonomy License (CAL) claims to be the first open source...more

Morgan Lewis

Contract Corner: Royalty Refresh (Part 2)

Morgan Lewis on

Picking up where we left off last week, we continue our refresher on common issues to consider when entering into a transaction that will include royalties. Today’s entry focuses on timing and reporting considerations for the...more

Morgan Lewis

Contract Corner: Royalty Refresh (Part 1)

Morgan Lewis on

It's one of the most commonly utilized commercial structures in various technology and intellectual property licensing deals: the royalty. As everyone's go-to payment mechanism for licensing deals, you may think that the...more

Kelley Drye & Warren LLP

Supreme Court Still Prohibits Patent Royalties For Activity Occurring After Patent Expires (Kimble V. Marvel)

Today, the Supreme Court declined to overrule its prior decision in Brulotte v. Thys Co., 379 U.S. 29 (1964), and maintained its ruling that a patent holder cannot charge royalties for the use of his invention where the use...more

Morrison & Foerster LLP

Will the Supreme Court Remove Brulotte’s Shadow Over Patent Licensing?

Morrison & Foerster LLP on

Fifty years ago, in Brulotte v. Thys Co., the U.S. Supreme Court held that the collection of royalties after a patent’s expiration constitutes per se patent misuse. Although criticized by scholars, antitrust agencies, and the...more

Goodwin

Supreme Court to Decide Whether License Agreements May Require Payment of Royalties After Patent Expiration

Goodwin on

The U.S. Supreme Court Friday agreed to revisit a longstanding precedent that bars patent owners from collecting royalties after their patents have expired, even if those post-expiration payments represent compensation for...more

Proskauer - New Media & Technology

Emerging Technology and Existing Law: Can Geofencing Provide Radio Webcasters a Workaround of Digital Performance Royalties?

New technology continues to generate business models that test the limits of intellectual property laws enacted before such technologies were ever contemplated. The latest example is the use of “geofencing” in an attempt to...more

McDonnell Boehnen Hulbert & Berghoff LLP

In Defense of Patenting

Fritz Machlup, an economist, once said that if we didn't have a patent system it would be irresponsible to recommend one, but since we have one, it would be irresponsible to abolish it. An Economic Review of the Patent...more

Foley & Lardner LLP

The Supreme Court: Cases to Watch in the October 2013 Term

Foley & Lardner LLP on

This week marks the first Monday in October, which for Supreme Court watchers is a holiday: the start of a new term. While not everyone gets that excited about the new term, there are several cases that the Court intends to...more

Pillsbury Winthrop Shaw Pittman LLP

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

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

McDonnell Boehnen Hulbert & Berghoff LLP

BayhDol25 Files Amicus Brief in Bowman v. Monsanto

"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

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