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IP License Royalties

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - May 2025

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The beginning of 2025 saw two overarching trends in FRAND litigation...more

Proskauer - The Patent Playbook

A Looming En Banc Decision with Potentially Damaging Consequences – EcoFactor v. Google

For anyone following the evolving admissibility standards for expert opinions relating to patent damages, the EcoFactor v. Google case is one to watch. In December 2024, the Federal Circuit granted Google’s petition for...more

Seyfarth Shaw LLP

THREE PEAT: Why Pat Riley’s Trademark Portfolio Makes Him a Chiefs Fan for the Super Bowl

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As the Kansas City Chiefs prepare to face the Philadelphia Eagles in Super Bowl LIX, they aren’t just battling for another championship—they’re chasing history. A win would cement their place in the record books as the first...more

Goodwin

Recent Biologics Deals - December 2024

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Duality Biologics and GSK enter into an exclusive option agreement to exploit gastrointestinal cancer target, DB-1324 - On December 4, 2024, Duality Biologics (“DualityBio”), a clinical-stage biotech company focusing on...more

Fish & Richardson

Introduction to SEP & FRAND Issues

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Imagine your company designs, manufactures, or sells products that implement commonplace technologies like Wi-Fi, 5G, or video streaming. Did you know you might need a license to incorporate these technologies into your...more

BakerHostetler

The Difference Between Theory and Practice: Lighting Defense Group LLC v. Shanghai Sansi Electronic Engineering Company Ltd., et...

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You can’t make applesauce out of oranges — and experts may not cook up opinions with contrary facts. In Lighting Defense, the patent damages expert opined that in a “hypothetical negotiation,” the parties would have agreed to...more

Goodwin

Life Sciences Licensing and M&A Update: Catching Up on Recent Decisions Affecting Commercially Reasonable Efforts Definitions and...

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Recently, the Delaware Chancery Court and the Third Circuit issued three significant decisions on key issues affecting licensing and M&A transactions in the life sciences industry....more

Womble Bond Dickinson

Future Royalties and Bankruptcy: The Royalty Rollercoaster

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Be careful when you sell intellectual property (“IP”) in return for future royalty payments. You may think your contract is airtight, guaranteeing you a future annuity on the sales of product relating to your IP, but that...more

WilmerHale

Royalty Financings and Similar Revenue Monetizations Surge in Difficult Life Sciences Fundraising Environment

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Many biopharmaceutical companies are facing challenges raising cash through traditional equity markets. While venture investment activity saw a slight increase in the first half of 2024 as compared to the equivalent period in...more

Lathrop GPM

Licensor’s Fraud and Lanham Act Claims Survive Motion to Dismiss in Pennsylvania Federal Court

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A federal court in Pennsylvania granted in part and denied in part a licensee’s motion to dismiss the licensor’s breach of contract, fraud, and Lanham Acts claims. Westbrook Monster Mix Co. v. Easy Gardener Prods., Inc., 2024...more

J.S. Held

The Diverted Profits Tax & Royalty Withholding Tax: Impacts on Intellectual Property Licenses and Transactions

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The Diverted Profits Tax (DPT) has been a significant area of focus for taxpayers and tax authorities in the UK and Australia. The tax targets specific situations in which taxable profits are alleged to have been “diverted”...more

Eversheds Sutherland (US) LLP

Tough Medicine, Part 2: Litigation lessons from Medtronic

​​​​​​​The Tax Court issued its second opinion in Medtronic following a remand by the US Court of Appeals for the Eighth Circuit (Medtronic, Inc. v. Comm’r, 900 F.3d 610 (8th Cir. 2018)) of its earlier decision. In that...more

Eversheds Sutherland (US) LLP

Ministry of Finance report suggests potential relief on German withholding tax on extraterritorial royalty payments 

A new report (the Report) published by the German Federal Ministry of Finance (the MOF) suggests that there may be some forthcoming relief for taxpayers impacted by a nearly century-old tax provision which requires...more

Skadden, Arps, Slate, Meagher & Flom LLP

Navigating the Once-Obscure German Nonresident Withholding Tax

In this episode of Skadden’s “GILTI Conscience” podcast, partners Nate Carden and David Farhat discuss the German nonresident withholding tax with partner Johannes Frey, in the Frankfurt office, and Ryan Lange and Kerim Keser...more

Goodwin

Alvotech and AbbVie Resolve Disputes Relating to Alvotech’s Adalimumab Biosimilar in Europe

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Alvotech Holdings S.A. (“Alvotech”) announced today that it has resolved all intellectual property disputes with AbbVie in Europe related to Alvotech’s AVT02 (adalimumab) biosimilar candidate. This announcement follows...more

Morgan Lewis - Tech & Sourcing

Merchandise License Agreements

Rights holders are almost always looking for ways to monetize the intellectual property (IP) that they own or license. For owners of rights in popular logos; characters from TV shows, movies, or video games; or similar IP,...more

Snell & Wilmer

Federal Circuit Rejects Two-Tiered Royalty Patent Damages

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By Dan Staren and David Barker Last week, a Federal Circuit panel vacated a billion dollar jury verdict in favor of plaintiff-appellee California Institute of Technology (“Caltech”) and remanded for a new trial on damages...more

Fish & Richardson

Strategic IP Considerations of Batteries and Energy Storage Solutions

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The lithium-ion battery, introduced commercially in 1991, revolutionized the consumer electronics industry. Compared with older battery technologies, the lithium-ion battery was lightweight and compact, had high energy...more

Williams Mullen

Licensing Your Patents? Make Sure the Federal Government Pays Its Fair Share.

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Technology companies frequently enter into patent licensing transactions, sometimes in order to settle patent litigation, and sometimes as a simple licensing or cross-licensing deal. But the parties to such agreements...more

Knobbe Martens

No Standing in IPR Appeal for Sublicensee’s Speculative Royalty-Based Injuries

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MODERNATX, INC. v. ARBUTUS BIOPHARMA CORPORATION - Before Lourie, O’Malley, and Stoll.  Appeal from the Patent Trial and Appeal Board. Summary: Sublicensee’s theory of royalty-based injury was too speculative to...more

WilmerHale

CAFC Patent Cases - September 2021

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Precedential Federal Circuit Opinions - *WilmerHale represented the Appellee. COMMSCOPE TECHNOLOGIES LLC v. DALI WIRELESS INC. [OPINION] (2020-1817, 2020-1818, 08/24/2021) (REYNA, SCHALL, and STOLL) - Stoll, J....more

Hogan Lovells

France: Implementation of Articles 18 to 23 of the 2019 Copyright Directive

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Articles 18 to 23 of the 2019 Copyright Directive in the Digital Single Market were implemented into French law along with Article 17, by statutory instrument adopted on 12 May 2021.  The statutory instrument has expanded...more

Jaburg Wilk

Royalty-Free and Open License Works

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If you want to use photographs, graphics, or other content without paying a fee or by paying a one-time fee rather than an ongoing royalty, it is important that you understand the law to avoid subjecting yourself or your...more

Barnea Jaffa Lande & Co.

How Much Is Your Invention Worth or How Much Should You Pay to License Inventions?

Licensing agreements are the cornerstones of technology companies based on intellectual property. A licensing agreement is a legal contract between two parties, known as the licensor and the licensee. The licensor provides...more

Latham & Watkins LLP

NFTs: A Beginner’s Guide to Understanding the Hottest Crypto Craze

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An NFT is a special, one-of-a-kind digital asset that raises a number of novel legal questions. Earlier this month, a blockchain firm bought a US$95,000 print by the British street artist Banksy, only to burn it in a...more

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