Patents, Intellectual Property Litigation, Royalties

Munich Court Addresses Implementer’s Obligation To Provide Security in FRAND Negotiations

McDermott Will & Emery on 4/17/2025

The Munich Higher Regional Court issued a decision concerning the fair, reasonable, and nondiscriminatory (FRAND) negotiation process and an implementer’s obligation to provide security if a license offer for standard...more

Patent Apportionment: Anything You Say in a License Agreement May Be Used Against You in a Court of Law

Baker Botts L.L.P. on 4/8/2025

Over the last several years, the Federal Circuit has increasingly scrutinized patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty, including whether the license needs to be...more

When patents expire but royalty payments don’t: contrasting U.S. and Canadian approaches to patent licensing

Smart & Biggar on 3/13/2025

How does the expiration of the patents in one jurisdiction impact global royalty payments? This question was addressed by the United States Court of Appeal’s Ninth Circuit in C.R. Bard Inc v Atrium Medical Corporation, Case...more

Puma and the Pitfalls of the “Narrow” Exclusive License

Axinn, Veltrop & Harkrider LLP on 3/27/2024

8 Puma Biotechnology is the latest victim of standing requirements in patent cases that continue to wreak havoc on plaintiffs’ ability to recover a full measure of damages. In Puma Biotechnology, Inc. v. AstraZeneca...more

Top 10 Highlights of Canadian IP Law and Practice in 2017

Smart & Biggar on 1/12/2018

2017 was a year of significant developments to Canadian IP law and practice, with important court decisions and numerous legislative amendments. We have taken the opportunity to review the top 10 highlights from the past...more

Here’s Another Fine Mess You’ve Gotten Me Into: Best Practices for Employee, Contractor and Consulting Agreements.

Knobbe Martens on 5/14/2016

In This Presentation: Overview of Messes to Avoid: • Split Ownership • Agreements to Agree • Agreements with Unclear/Improper: – relation to prior agreements – term – royalty rate – execution ...more

Lost Profits Are Hard to Come By - Warsaw Orthopedic, Inc. et al. v. NuVasive, Inc.

McDermott Will & Emery on 5/6/2015

Addressing the issue of convoyed and related sales, the U.S. Court of Appeals for the Federal Circuit, even while affirming the district court with respect to its invalidity and infringement findings, remanded the case for a...more

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