News & Analysis as of

Patent Ownership IP License

A&O Shearman

The Newly Proposed RESTORE Patent Bill Aims To Give Patent Owners More Power

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On July 30, 2024, United States Senators Christopher Coons (R-Delaware) and Thomas Cotton (R-Arkansas) introduced the “Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive Patent Rights Act of...more

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

Snell & Wilmer

Creating Wealth Through Innovation

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Much has been made of the demise of U.S. manufacturing. Once the U.S. was a manufacturing powerhouse, but much of its industry has now moved overseas or south of the border to low-cost countries such as China, India, and...more

Smart & Biggar

Steps to consider before sending a cease-and-desist letter

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The intellectual property (IP) of your business has value. IP can take several forms, including patent and trademark registrations, or intellectual property rights arising from common law, such as trade secrets, confidential...more

Erise IP

MicroLED displays are on the horizon. Here are the IP implications, including potential litigation

Erise IP on

Plasma. LCD. QLED. OLED. To anyone who has purchased a TV, phone or tablet in the past couple of decades, these terms have undoubtedly been flouted for marketing purposes, each generation of device having a display that is...more

American Conference Institute (ACI)

[Event] 6th Annual Summit on Life Sciences IP Due Diligence - November 28th - 29th, Boston, MA

ACI’s 6th Annual Life Sciences IP Due Diligence Summit is devoted to providing corporate and IP counsel with expert strategies for assessing, valuing, and commercializing IP assets when conducting strategic IP due diligence –...more

Linda Liu & Partners

Current State and Emerging Challenges of SEP Licensing for Intelligent Connected Vehicles in China (II)

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III. Principles and Methods Adopted by Chinese Courts for Calculating SEP Royalties in Lawsuits in the Field of Communications - 1. Regarding Justiciability of SEP License Disputes in China - Interpretation of the Supreme...more

Orrick, Herrington & Sutcliffe LLP

Founder Series: Top Tips to Follow to Protect Your Ideas

Orrick's Founder Series offers monthly top tips for UK startups on key considerations at each stage of their lifecycle, from incorporating a company through to possible exit strategies...more

Morgan Lewis - Tech & Sourcing

Protecting IP Ownership Rights During Brainstorming or Collaboration Sessions

When two parties come together to discuss a new idea or potential collaboration, the parties are usually operating under the protection of a non-disclosure agreement (NDA). If the parties decide to work together, they will...more

McDermott Will & Emery

Acts Supporting Induced Infringement Allegations Must Occur During Damages Period

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit vacated a damages verdict because the acts supporting the induced infringement finding took place years before the statutory damages period and thus could not support a finding...more

Akin Gump Strauss Hauer & Feld LLP

Future Tense in Contractual Language Found Insufficient to Convey Title, Depriving Party of Right to License Patent

Applying recent Federal Circuit precedent requiring language evincing a present conveyance of patent rights, a district court in the Western District of Pennsylvania found that the contractual language “shall become the...more

Smart & Biggar

Mythe ou réalité ? Démystifier les mythes sur les brevets pour les dirigeants d’entreprises

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De nombreuses perceptions erronées ou « mythes » concernant les brevets sont présents dans le discours des dirigeants et des gestionnaires d'entreprise, allant du type d'innovations brevetables à l'importance de posséder et...more

Goodwin

Changes To March-In Rights Under Bayh-Dole And More?

Goodwin on

Since its enactment in 1980, the Bayh-Dole Act has been credited with promoting the development of over 10,000 startup companies and at least 200 pharmaceutical drugs and vaccines, while contributing more than $500 billion...more

WilmerHale

Essential Guidance for Non-(Standard) Essential Patent Pools: DOJ’s UTLP Business Review Letter

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It has long been recognized that patent pools can create licensing efficiencies by establishing “onestop shops” for patents owned by multiple rights owners. There is also broad consensus that patentee collaboration in patent...more

Orrick - Trade Secrets Group

The Interplay of Patents and Trade Secrets in Protecting IP

Often companies are faced with a dilemma in protecting their IP—should the company disclose its IP to the world and seek a patent that will protect its IP for a set number of years? Or, should the company keep the IP a secret...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Patent Prosecution Tool Kit: Federally Funded Inventions and Compliance with the Bayh-Dole Act

Organizations that receive federal funds or that license technology from third parties that receive Federal funds need to be aware of Federal funding obligations under the Bayh-Dole Act. Any invention conceived or reduced to...more

Kidon IP

Employees or Independent Contractor Generated IP (Part 1)

Kidon IP on

This post will provide an overview of key IP issues encountered when dealing with employees and independent contractors. We will cover the default ownership rules and rights for different types of IP and some tips on how to...more

Farella Braun + Martel LLP

Monetizing University Patent Portfolios During the Economic Downturn

Colleges and universities may be leaving money on the table with under-utilized patent portfolios. The time is right, as the law has shifted in favor of patent owners, both in inter partes review litigation before the Patent...more

Troutman Pepper

Developing, Disclosing, and Patenting Technology During National Emergencies

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National emergencies, like the one COVID-19 has triggered in the United States, spur technological development, as concerned researchers look for ways to repurpose existing technology or develop new technology to help. ...more

Latham & Watkins LLP

Unilever – Too Big to Pay?

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The Court’s decision rested on whether the patents provided outstanding benefit to the employer’s undertaking.  On 23 October, the UK Supreme Court (UKSC) handed down its highly anticipated ruling in Shanks v Unilever [2019]...more

Troutman Pepper

Pepper Hamilton Higher Education "In Brief" Webinar Series: Intellectual Property Basics - What Every Higher Education...

Troutman Pepper on

With a constantly evolving legal landscape, colleges, universities and independent schools encounter a vast spectrum of new topics on any given day. Pepper Hamilton's Higher Education Practice Group has created its "In Brief"...more

Faegre Drinker Biddle & Reath LLP

Lack of Co-ownership for Terminally Disclaimed Patents May Doom a Lawsuit and Result in an Award of Attorneys’ Fees

Can lack of co-ownership for a terminally disclaimed patent render your otherwise well-founded infringement lawsuit baseless, requiring you to pay your adversary’s attorneys’ fees? At present, the answer may depend on the...more

Ladas & Parry LLP

Return Mail Inc. v. United States Postal Service

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On June 20, 2019, the United States Supreme Court held that government entities could not be considered “persons” entitled to challenge patents owned by others before the Patent Trial and Appeal Board (PTAB)....more

K&L Gates LLP

K&L Gates Triage: Five Key Questions for Academic Medical Centers About Patent Ownership and Enforcement

K&L Gates LLP on

On this week’s episode, George Summerfield and Kelly Plummer explore five key questions academic medical centers often face with respect to patent ownership and enforcement. Their discussion covers a number of issues,...more

Bradley Arant Boult Cummings LLP

Substance Over Labels: Establishing Standing in Patent Infringement Suits - Intellectual Property News

The Federal Circuit’s decision last week in Lone Star Silicon Innovations LLC v. Nanya Technology Corporation, et al. (in addition to previous decisions from the court on this issue) emphasizes exactly how fact-specific the...more

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