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Licensing Rights Breach of Contract

AEON Law

Patent Poetry: Videogame Company Awarded $4.3 Million in Damages for “Cheats”

AEON Law on

Bungie, a video game company that created the “Halo” and “Destiny” game series, has been awarded $4.3 million in damages in an arbitration against a creator of cheat software....more

Knobbe Martens

Who Owns the Royale With Cheese? - Miramax Sues Tarantino Over the Sale of Pulp Fiction Related NFTs

Knobbe Martens on

On November 16, 2021, Miramax, LLC (“Miramax”) brought claims of breach of contract, copyright infringement, trademark infringement, and unfair competition against director Quentin Tarantino. Miramax alleges that Tarantino...more

Proskauer Rose LLP

Nine Point Ruling Limits High Court Bankruptcy Contract Rule

Proskauer Rose LLP on

In its 2019 decision in Mission Product Holdings Inc. v. Tempnology LLC, the U.S. Supreme Court resolved a circuit split concerning the effect of contract rejection under Section 365 of the Bankruptcy Code. More specifically,...more

McDonnell Boehnen Hulbert & Berghoff LLP

Phytelligence, Inc. v. Washington State University (Fed. Cir. 2020)

One of the banes of any practicing patent attorney's professional existence is counseling clients on licensing agreements where the parties attempt to avoid setting forth definitive terms on contract provisions regarding...more

Carlton Fields

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

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

Fenwick & West LLP

U.S. Supreme Court Upholds Ban on Post-Patent Expiration Royalties

Fenwick & West LLP on

Fifty years ago, in Brulotte v. Thys Co., the U.S. Supreme Court held that “a patentee’s use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se.” 379 U.S. 29, 32 (1964). On June...more

McDermott Will & Emery

Sublicensee’s Purchase of Licensee Not Prohibited under the License Agreement - VDF FutureCeuticals, Inc. v. Stiefel Labs., Inc.

McDermott Will & Emery on

The U.S. Court of Appeals for the Seventh Circuit ruled that a sublicensee of patent and trademark rights that purchased its sublicensor in order to reduce the royalties it owned to the licensor was not prohibited from buying...more

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