News & Analysis as of

Jurisdiction IP License

Gerald Nowotny - Law Office of Gerald R....

Elena Ruiz and the Cuban Sandwich - The Double Irish with Dutch Sandwich Version for Closely Held Business Owners - Using...

I have been a major fan of Afro-Cuban (Salsa) and Brazilian Bossa Nova music since high school. Most of you know by now that I grew up in the Panama Canal Zone. By the time I got to West Point in the summer of 1978, it was...more

Dorsey & Whitney LLP

The Supreme Court Update - May 18, 2023

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Today, the Supreme Court of the United States issued six decisions: Amgen Inc. v. Sanofi, No. 21-757: This case addressed the Patent Act’s “enablement” requirement—the provision that requires a patent applicant to describe...more

Goodwin

Federal Circuit Clarifies Standard for Fair and Reasonable Exercise of Jurisdiction Based on Demand Letters

Goodwin on

The U.S. Court of Appeals for the Federal Circuit on Monday issued a decision that clarifies its precedent on the exercise of personal jurisdiction in patent cases. In a precedential decision, the court held that there is no...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

Rothwell, Figg, Ernst & Manbeck, P.C.

Judge Newman Dissents from the Federal Circuit in New Vision Gaming, Argues “Threshold Issue” of Forum-Selection Clause Must be...

Earlier this month, in the precedential decision  New Vision Gaming & Development, Inc. v. SG Gaming, Inc., FKA Bally Gaming, Inc., the Court of Appeals for the Federal Circuit (“the CAFC”) vacated and remanded a decision by...more

JAMS

FRAND License Disputes: Litigation and ADR

JAMS on

A party to a dispute making a conscious decision whether to litigate or arbitrate does not occur as often as some might think. The decision is often made by the circumstances. If a dispute arises regarding a license or other...more

Smart & Biggar

Cloud computing: A brief overview of intellectual property issues "in the cloud"

Smart & Biggar on

Cloud computing has increasingly become a dominant model for computer and information technology service, with the majority of businesses worldwide using computing resources and storing data “in the cloud.” However, despite...more

Haug Partners LLP

Update: Global FRAND Terms and Standard Essential Patents

Haug Partners LLP on

Recent appellate decisions coming out of the United States and the United Kingdom relating to global FRAND terms for standard essential patents will likely increase the possibility of forum shopping by patent owners and...more

International Lawyers Network

What happens to EU trade marks after Brexit?

A mere three and a half years after the 2016 referendum on membership of the European Union, the UK looks set to “leave” the EU on 31 January 2020. Instead of exiting without a deal (which at one stage looked distinctly...more

Knobbe Martens

Princeton Digital Image Corp. v. Office Depot Inc. Et Al.

Knobbe Martens on

Federal Circuit Summary - Before Dyk, Taranto, and Stoll. Appeal from U.S. District Court for the District of Delaware. Summary: The Federal Circuit lacks jurisdiction to hear an appeal from a district court judgment...more

Hogan Lovells

Standard Essential Patent Update – June 2018

Hogan Lovells on

16 April 2018 – Huawei’s jurisdictional challenge to Conversant Wireless’ patent infringement and FRAND determination proceedings has been dismissed by the High Court of England and Wales. ...more

BakerHostetler

[Webinar] Patent Law: 2017 Year End Review (and 2018 Preview) - February 28th, 12:00pm ET

BakerHostetler on

This timely and fast-moving webinar provides insight for business leaders and legal counsel, highlighting many of the significant holdings by the Supreme Court and Federal Circuit in patent cases in 2017 and what issues are...more

Nutter McClennen & Fish LLP

Naming Exclusive Licensee as Defendant, Exclusively, Leads to Dismissal of Declaratory Judgment Action

For declaratory judgment (DJ) actions concerning patents, whether a patent owner’s conduct is sufficient for there to be a real and immediate controversy is the usual jurisdictional hurdle. In BASF Plant Science, LP v. Nuseed...more

Smart & Biggar

Grey Marketing – Still Not Black and White in Canada

Smart & Biggar on

Grey marketing, sometimes referred to as “parallel importation”, is the diversion of goods, originally intended for sale only in certain countries, to other countries where they were not intended to be sold. The goods are not...more

Patterson Belknap Webb & Tyler LLP

Judge Oetken Holds That Forum-Selection Clause in License Agreement Does Not Trump First-to-File Rule Altogether

On September 16, 2016, District Judge J. Paul Oetken (S.D.N.Y.) denied plaintiff Comcast Corp.’s (“Comcast”) motion for a preliminary injunction seeking to enjoin defendant Rovi Corp. (“Rovi”) from continuing to litigate its...more

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