News & Analysis as of

IP License Royalties

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

Kidon IP

Disclosures And Enforceability Of Standard-Essential Patents (Part 7 of 7)

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CONCLUSION and Footnotes - Disclosures of potentially standard-essential patents and patent applications have for long been a topic of little interest for third parties to the collaborative standardization process. Yet,...more

Kidon IP

Disclosures And Enforceability Of Standard-Essential Patents (Part 1 of 7)

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I am very pleased to present the 2022 updates to my article on disclosures and enforceability of SEPs in 7 parts. The latest version will be available as soon as the 2022 version of the Licensing Update goes to print (which...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

Kidon IP

Apple’s Well-Funded Efficient Infringement Tilts the Competitive Landscape

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Apple’s long-term campaign to avoid paying FRAND SEP licensing fees continues unabated. In what has become a modus operendi, every time Apple’s license with a major SEP licensors – Ericsson, Nokia, Samsung, Motorola,...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

Knobbe Martens on

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

Kidon IP

Cars or Car-tels?

Kidon IP on

In high tech, famous OEMs have a long history of playing fast and loose with the antitrust laws while complaining about SEP owners’ alleged antitrust abuse. The trend has expanded to include Amazon, Uber and others with...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

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Confirms That a Patent Damages Expert May Opine on a Range of Royalty Rates at Trial

In a recent decision issued in Bayer Healthcare LLC v. Baxalta Inc., the Federal Circuit held that the district court did not abuse its discretion when it allowed the jury to select from a range of proposed royalty rates...more

Kidon IP

The Patent Litigation Money Pit

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Patent litigation, the Sport of Kings, does not come cheap, especially when the litigation transmogrifies into a multi-jurisdictional slugfest. When managing a global patent fight, it is important to keep the big picture in...more

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