News & Analysis as of

IP License

Advances in Polish IP Law, part 2: Trademarks – graphic representation, renewal, partial transfer & enforcement by licensees

by Hogan Lovells on

The recently published draft of the Act amending the Industrial Property Law (14 November 2017) introduces fundamental changes in the provisions on trademark protection. Currently, the bill is being agreed upon in the Council...more

Generic drugs taking hold in the Asian marketplace: STAT News interview

by Hogan Lovells on

Aging populations and rising healthcare costs across Asia — particularly in Japan — have created new market opportunities for generic drug makers operating in the region. For originator drug manufacturers, that means...more

Student Organization Trademark Licensing Dispute Results In Emotional Distress Damages

by Fox Rothschild LLP on

At most public universities, student organizations are permitted to license various university trademarks to designate the organization’s involvement with the university and the organization’s status as a registered student...more

Will the Sharing Economy Extend to Automotive Patents?

by Foley & Lardner LLP on

In a recent article published by Bloomberg, we are once again reminded of the litigious nature of some of Silicon Valley’s biggest players. Recent patent and trade secret lawsuits have garnered a lot of media attention,...more

U.S. District Court For The Central District Of California Makes Rare FRAND Royalty Rate Determination

by Weintraub Tobin on

The U.S. District Court for the Central District of California recently issued its opinion in TCL Communications v. Ericsson (SACV 14-341 JVS(DFMx) and CV 15-2370 JVS (DFMx)) on standard-essential patents and whether a commit...more

Have you ever used a one-click ordering process online? Then you indirectly paid Amazon.

If you purchased anything from a website using a one-click purchase button, you indirectly paid Amazon for that ability, at least up until September 11, 2017 when Amazon’s patent to this technology expired. As a result,...more

Eleventh Circuit Finds No Manifest Disregard Of The Law And Upholds Order Confirming Arbitration Award In Licensing Dispute

by Carlton Fields on

The case involved a dispute between the owner of the Cabbage Patch Kids brand and related intellectual property (“CPK”), and licensee JAKKS Pacific, Inc., which had an exclusive license to use the brand and intellectual...more

Allergan’s Mohawk Gambit May Be Doomed – PTAB Rethinks the Scope of Sovereign Immunity

by Pepper Hamilton LLP on

A few months ago, the Irish drug company Allergan moved to shield its key patents on its dry-eye drug Restasis from challenge at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent Office by assigning these patents to...more

The Aftermath of Impression Products v. Lexmark

On May 30, 2017, the U.S. Supreme Court issued its long-awaited patent exhaustion decision in Impression Products v. Lexmark International, 137 S.Ct. 1523 (2017). Originally published in Law360 on November 13, 2017....more

Second Circuit Affirms “Fractional Licensing” Decision

by Brooks Pierce on

The Second Circuit Court of Appeals ruled this week that the ASCAP and BMI antitrust consent decrees do not prohibit “fractional licensing” of songs. Fractional licensing means that if there are non-ASCAP or non-BMI...more

In-House Counsel: How to Avoid Missteps in the Social Media Minefield

by Ward and Smith, P.A. on

While social media has become ubiquitous, attorneys are subject to particular restrictions online. During Ward and Smith’s 2017 In-House Counsel Seminar two attorneys reviewed some of the potential pitfalls in-house counsel...more

New Year’s Resolutions: Top 5 Consequential Changes in the 2018 NDAA

by Blank Rome LLP on

The National Defense Authorization Act (“NDAA”) for Fiscal Year 2018 was signed into law on December 12, 2017, and authorizes a topline national defense budget of $700 billion. While the 2018 NDAA makes a number of changes to...more

Insta-worthy or Insta-infringement

by DLA Piper on

Today’s means of communication is ever more dependent on social media. Whether you’re an individual, a onewoman shop, a fortune-500 company, or even the President of the United States, social media is the fastest and easiest...more

Arctic Cat Inc. v. Bombardier Recreational Products Inc.

by Knobbe Martens on

Federal Circuit Summaries - Before Moore, Plager, and Stoll. Appeal from the United States District Court for the Southern District of Florida. Summary: In challenging compliance with the marking requirement of §...more

Industry Coalition Obtains Preliminary Injunction Against Enforcement of North Dakota Dealer Statute

by Foley & Lardner LLP on

On December 14, 2017, the U.S. District Court in Bismarck, North Dakota issued a preliminary injunction preventing the enforcement of recently enacted amendments to the North Dakota Farm Equipment Dealership Statute known as...more

Federal Circuit Rules that BPCIA Preempts State Law Biosimilars Claims

In an opinion issued on December 14, 2017, the United States Court of Appeals for the Federal Circuit held that the 2010 Biologics Price Competition and Innovation Act (“BPCIA”) preempts the use of state law to penalize...more

The Marking Requirement is Alive and Well; Don’t Forget about Virtual Marking

The Federal Circuit recently faced a patent marking issue in Arctic Cat Inc. v. Bombardier Recreational Products Inc., [2017-1475] (December 8, 2017). In that case, the patent owner Arctic Cat had previously licensed the...more

Patent Owner Has Burden to Prove Marking Once Infringer Identifies Unmarked Products

In Arctic Cat Inc. v. Bombardier Recreational Products Inc., [2017-1475] (December 8, 2017), the Federal Circuit affirmed the district court’s denial of judgment as a matter of law as to obviousness, the jury’s royalty rate,...more

4 Top Takeaways: Recent Trends Involving Intellectual Property in Bankruptcy

Kilpatrick Townsend partner David Posner spoke at a recent New York State Bar Association event where he and other panelists discussed the topic “Around the Edges of IP: Complexities of IP in Bankruptcy.” Mr. Posner...more

2018 NDAA Analysis: Intellectual Property Provisions

by Holland & Knight LLP on

This is the seventh blog post in a series analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed to by House and Senate negotiators on November 8, 2017. Stay tuned for more blog posts...more

Federal Circuit Clarifies Burden For Proving Failure to Mark

by Orrick - IP Landscape on

Arctic Cat Inc. v. Bombardier Recreational Products, Inc. et al., Fed. Cir. (December 7, 2017) - On Friday, the Federal Circuit decided Arctic Cat Inc. v. Bombardier Recreational Products, Inc. and clarified the burden of...more

Patent Exhaustion: Supreme Court Expands Patent-Limiting Doctrine

The U.S. Supreme Court at the end of the past term handed down a decision, Impression Products, Inc. v. Lexmark International, Inc., that greatly expanded the doctrine of patent exhaustion. This equitable doctrine prevents a...more

Trebled Damages Means No Injunction for Knock-Off Software

by McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit affirmed in part, reversed in part and remanded a district court finding that a defendant was liable for breach of a software license agreement and therefore infringed the...more

An EC Communication on SEPs – Not More Not Less

A summary of the European Commission’s Policy Document on standard essential patents (SEPs). After considerable preparations and consultation the European Commission has on 29 November 2017 issued a Communication “setting...more

Blockchain: Use Case – Copyright

by Hogan Lovells on

In the context of the digital use of copyrighted works, the concept of the “value gap” has been around for some time. The question is whether authors and rights holders are sufficiently involved in the revenues generated by...more

423 Results
|
View per page
Page: of 17
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.