News & Analysis as of

IP License

First Circuit Rejects Sunbeam Approach to Effect of Rejection of Trademark License in Bankruptcy

by Jones Day on

In Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), the U.S. Court of Appeals for the First Circuit ruled that the rejection of a trademark license in bankruptcy means...more

FRAND Licensing in Germany – The Recent Düsseldorf Decision

by Reed Smith on

The findings from the recent Higher Regional Court of Düsseldorf decision Mobiles Kommunikationssystem have established a new framework that should be followed when courts are benchmarking standard-essential patents (SEP)...more

SAP Announces New Pricing Model

Software giant’s new pricing model attempts to address customer concerns about liability exposure due to “indirect access.” SAP’s new pricing model is a big step forward in addressing the uncertainty and confusion relating...more

Northern District of California Enforces Forum Selection Clause in License Agreement and Orders Licensee to Withdraw IPR Petitions

On March 23, 2018, a district court judge issued a preliminary injunction requiring the defendants to withdraw their petitions for inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB). The court granted...more

Intellectual Property Bulletin - Spring 2018

by Fenwick & West LLP on

Bitcoin is often portrayed as an untraceable method of payment that facilitates illicit activities by enabling criminals to make and receive payments without being tracked. This depiction implies that users transacting in...more

Licenses, SaaS, and the Cloud

by Burns & Levinson LLP on

Some Legal Issues to Consider When Migrating to Become a Service Provider - Although everyone’s into blockchain and the “Internet of Things,” believe it or not, there are still plenty of traditional software developers out...more

China issues new rules tightening up on overseas transfers of intellectual property rights (IPR)

by Hogan Lovells on

On 29 March 2018, the Chinese State Council released the External Transfer of Intellectual Property Rights Measures (for trial implementation) (the IPR Overseas Transfer Measures) providing for further governmental scrutiny...more

District Court Orders Petitioner to Seek Termination of IPR based on Forum Selection Clause

A recent case from California reminds patent owners that forum selection clauses can be an important anecdote for PTAB proceedings. In Dodocase VR, Inc. v. MechSource, LLC, 3:17-cv-07088-EDL (N.D. Ca.), the district court...more

Client Alert: Dumbing Down Intellectual Property: Chapter 11 Impact on IP License Agreements

Innovation and creativity are essential for competitive advantage and success in a global economy. The attendant intellectual property assets are the product of substantial capital investment, and companies should carefully...more

Patent Damages: How Many Essential Features in a Smart Phone?

On March 20, 2018, the public version of Eastern District of Texas Magistrate Judge Roy Payne’s March 7, 2018 order tossing a $75 million jury verdict obtained by Ericsson against TCL Communication was released. Ericsson...more

Billions Once Again on the Line After Federal Circuit’s Reversal in Oracle v. Google

by Snell & Wilmer on

The Federal Circuit has reversed, for the second time, the much-followed copyright infringement case, Oracle America, Inc. v. Google LLC, which has been ongoing since 2010. Oracle filed suit alleging Google copied and used 37...more

Federal Circuit Again Reverses California Court in Oracle-Google Copyright Dispute over Java APIs – Releases a Major Ruling on...

In this long-running dispute that has been previously dubbed “The World Series of IP cases” by the presiding judge, Oracle America Inc. (“Oracle”) accuses Google Inc. (“Google”) of unauthorized use of some of its Java-related...more

Arbitrate Without Losing The Inter Partes Review Option

New York Law Journal Intellectual Property Special Report March 2018 - I recently overheard one of my colleagues make the following observation: “Well, with AIA being so challenger friendly, quick, and relatively...more

Overview of Distribution Supply Chain Options

by Foley & Lardner LLP on

When determining how to sell a product in the marketplace, there are a number of supply chain options from which to choose, each with its own set of legal implications. However, the primary consideration in determining how to...more

Calculating larger patent damages in China by burden shifting

by Hogan Lovells on

In China, most damages awarded in patent cases are statutory in nature despite the availability of additional options of calculating damages including losses by the plaintiff, profits obtained by the defendant, or where a...more

Will Copyright Rules for Player Pianos Continue to Govern Digital Music Delivery?

by Dorsey & Whitney LLP on

Last month in our Olympics edition, we provided a glimpse into the arcane world of licensing of musical works under the U.S. Copyright system. It’s actually crazier still. ...more

ITC Section 337 quarterly highlights

by Hogan Lovells on

Recent developments and practice tips from the U.S. International Trade Commission (ITC) bench by Judge Theodore R. Essex - On March 6, 2018, Rhonda K. Schmidtlein, Chairman of the U.S. International Trade Commission...more

Loved By Many, Cloud-Based Remote DVR Programming Functionality Falls Victim As Rovi Files Second Patent Infringement Strike...

In another example of cloud-based technologies and services falling victim to increased patent litigation surrounding the cloud space, Rovi Guides, Inc. (a TiVo subsidiary) filed another patent campaign against its...more

Owning the Patent Isn’t Always Enough for Standing

by Jones Day on

In a recent Initial Determination (“ID”), Administrative Law Judge Lord ruled that a patent owner did not have standing to sue without joining a third party to which certain rights had been transferred. Certain Audio...more

PTAB Holds Indian Tribes Don’t Offer an Out from IPR

In a highly anticipated decision on the Saint Regis Mohawk Tribe’s motion to terminate inter partes review proceedings, the Patent Trial and Appeal Board rejected tribal sovereign immunity to IPRs. The PTAB’s decision also...more

Sovereign Immunity at the PTAB: Where do we stand?

by Knobbe Martens on

Sovereign Immunity - Sovereign immunity exempts a sovereign from the jurisdiction of a court - States are entitled to sovereign immunity under the 11th amendment Seminole Tribe of Fla v. Florida, 517 U.S. 44 (1996) ...more

Two wins by the LEGO Group in China against Chinese copycats

by Hogan Lovells on

The LEGO Group rarely puts itself under the spotlight by talking about litigations but it made an exception on 7 December 2017 by applauding its recent victories against two Chinese infringers...more

PTAB Opines Tribal Sovereign Immunity Does Not Apply to IPRs

Last week, in a case of first impression, the PTAB held that the doctrine of tribal sovereign immunity does not apply to IPRs. Mylan Pharm. Inc., et al. v. Saint Regis Mohawk Tribe, Case IPR2016-01127 (and related cases). ...more

Embedding Tweets May Be Copyright Infringement

by Kelley Drye & Warren LLP on

Most companies understand they should obtain a license before using a photograph in an advertising campaign or on printed materials. And yet companies may not think twice about embedding images from a tweet or social media...more

US Patent Office refuses to apply doctrine of tribal immunity as a defense in inter partes review proceedings

by Dentons on

A unanimous three-judge panel of the Patent Trial and Appeal Board (PTAB) ruled on Friday, February 23, 2018 (Decision), that the doctrine of tribal immunity does not apply, as a non-statutory defense, to inter partes review...more

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