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Licenses License Agreements Patents

Knobbe Martens

Reliably Determining Reasonable Royalty Rates From Lump-Sum Licenses

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Summary:  License agreements containing a lump-sum payment “based on” a royalty rate may provide reliable evidence of a reasonable royalty rate for the licensed patent. EcoFactor sued Google for patent infringement over...more

Morrison & Foerster LLP

Will the Supreme Court Remove Brulotte’s Shadow Over Patent Licensing?

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Fifty years ago, in Brulotte v. Thys Co., the U.S. Supreme Court held that the collection of royalties after a patent’s expiration constitutes per se patent misuse. Although criticized by scholars, antitrust agencies, and the...more

Goodwin

Supreme Court to Decide Whether License Agreements May Require Payment of Royalties After Patent Expiration

Goodwin on

The U.S. Supreme Court Friday agreed to revisit a longstanding precedent that bars patent owners from collecting royalties after their patents have expired, even if those post-expiration payments represent compensation for...more

Ladas & Parry LLP

Patent Perspectives

Ladas & Parry LLP on

A patent is a legal right to keep others from making, using or selling an invention. A patent does not of itself give the owner the right to use the patented invention. For example it is quite possible for someone to patent...more

BakerHostetler

Patent Trolls, Anti-Trolls, and Antitrust Law Collide in Patent Licensing Dispute

BakerHostetler on

We previously wrote that regulators are considering using antitrust laws to reign in perceived abuses by non-practicing entities or, more familiarly, “patent trolls” – entities that purchase the rights to patents not to...more

Mintz

How Does Bankruptcy Affect Rights Under an Agreement Not to Sue on Patents?

Mintz on

When a debtor rejects an executory contract, Section 365(n) of the Bankruptcy Code allows a licensee of intellectual property to retain certain rights under the rejected contract. An important question arises, therefore,...more

Morrison & Foerster LLP

Watch That Incubator

Make sure you’re protected before diving into academic collaboration - Today, many universities operate business incubators, and some are seeing significant success. Since 2006, for example, the University of...more

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