News & Analysis as of

Patents Licensing Rules

McDonnell Boehnen Hulbert & Berghoff LLP

Trump, Crypto and a New Era for IP Protection

The cryptocurrency industry is undergoing a transformative period as the Trump administration adopts a more structured and proactive regulatory approach to digital assets such as Bitcoin. This evolving legal framework not...more

Smith Anderson

Biotech Licensing Caselaw Update - 2024 Year in (Brief) Review

Smith Anderson on

Last year was a surprisingly big one for legal decisions impacting the biotechnology transactions and licensing space. Given that most biotech deals are subject to confidential alternative dispute resolution, it is unusual...more

Axinn, Veltrop & Harkrider LLP

Three Takeaways from the Initial Determination at the ITC Regarding Standard Essential Patents in the 1380 Investigation

On January 8, 2025, Administrative Law Judge (ALJ) Cameron Elliot issued a public version of the Initial Determination (ID) in Certain Video Capable Electronic Devices, Inv. No. 337-TA-1380 brought by Complainant Nokia. While...more

A&O Shearman

UPC ruling on Panasonic v. Oppo: A landmark decision on SEPS and FRAND

A&O Shearman on

On November, 22, 2024, the Mannheim Local Division of the Unified Patent Court (UPC) delivered a landmark ruling in Panasonic v. Oppo, setting a significant precedent in the realm of Standard Essential Patents (SEPs) and...more

Knobbe Martens

Read the Fine Print: Federal Circuit Vacates Dismissal of Patent Infringement Claims Based on an Express License, Where Some...

Knobbe Martens on

Before Stark, Lourie, and Bryson. Appeal from the United States District Court for the District of Connecticut. Summary: A narrowly defined patent license may result in some activity falling within the scope of the patent...more

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

Advanced IP Considerations for Cell-and-Gene Therapeutic Companies Utilizing Lipid Nanoparticle Delivery Systems

As I have written about previously, the IP and competitive landscape for mRNA and lipid nanoparticles is complex. Pioneers, mid-stage, and new market entrants must take careful consideration of this landscape and develop a...more

Jones Day

Chinese Antitrust Enforcement Agency Issues Warning Letter to Patent Pool

Jones Day on

Recent action by China's State Administration for Market Regulation ("SAMR") demonstrates renewed Chinese antitrust focus on standard essential patents ("SEPs")....more

Knobbe Martens

Federal Circuit Review | May 2024

Knobbe Martens on

Infringement Judgement is Only Final when there’s Nothing Left to Do but Execute - In Packet Intelligence LLC v. Netscout Systems, Inc., Appeal No. 22-2064, the Federal Circuit held that an infringement judgment is only...more

Mintz - Intellectual Property Viewpoints

The Second Time’s a Charm: In New Damages Trial, Texas Jury More than Doubles Lump-Sum Award Against Samsung for Infringing Two...

On April 17, 2024, a second Texas jury assessed damages of $142 million against Samsung, more than doubling a previous jury award of $67.5 in a protracted standard essential patent (SEP) litigation brought by G+...more

Mintz - Antitrust Viewpoints

USPTO Issues Guidance on AI Use to Patent Professionals — AI: The Washington Report

Pursuant to President Biden’s October 2023 executive order on AI, on April 11, 2024, the United States Patent and Trademark Office (USPTO or Office) published “Guidance on Use of Artificial Intelligence-Based Tools in...more

McDermott Will & Emery

Read the Fine Print: Covenant Not to Sue “At Any Time” Terminated Upon License Expiration

McDermott Will & Emery on

Illustrating the importance of carefully drafting and reviewing language in a covenant not to sue, the US Court of Appeals for the Federal Circuit found that the plain language of a covenant permitted a licensor to sue a...more

Mintz - Intellectual Property Viewpoints

Another Implementer Hold Out Door Closes: The Death of the Anti-Suit Injunction?

Implementers of standard essential patents (SEPs) continue to hold out in patent licensing discussions with SEP owners, including pursuing the cynical strategy of seeking anti-suit injunctions (ASIs). This failed strategy is...more

Neal, Gerber & Eisenberg LLP

To Mark or Not to Mark? U.S. Patent Holders Should Take Time to Carefully Consider Their Patent Marking

It’s never a bad time for companies holding U.S. patents to assess their patent marking strategy and compliance. Patent marking is often neglected or relegated to the marketing team, but it shouldn’t be. Whether what and how...more

Mintz - Intellectual Property Viewpoints

It Takes Two to Tango: Gilstrap Frames Implementer Holdout as Bad Faith Justifying “Suspension” of SEP Licensing Discussions

Innovators have long insisted that licensing discussions over standard essential patents (SEP) are one sided: implementers often “hold out” in bad faith by delaying discussions for as long as possible. The theory driving this...more

McDermott Will & Emery

The Proposed EU SEP Regulations: a Quiet Move Toward a Top-Down World?

At a high level, the top-down approach is a simple two-step method to calculate the FRAND rate owed to a particular SEP licensor. First, the appropriate aggregate royalty for a given standard (that is, a reasonable price for...more

Foley & Lardner LLP

What’s the Standard? Strategies for Protecting Standard Essential Patents

Foley & Lardner LLP on

There has been much discussion as of late on “essential patents” or “standard-essential patents” (SEPs). Broadly speaking, SEPs are a particular type of patent having claims which cover an aspect or feature adopted by a...more

Kilpatrick

Patent Licensing Tips and Takeaways

Kilpatrick on

Once a month, we cover an interesting topic in 60 seconds. This month, partners Richard Goldstucker shares his takeaway from Farah Cook's and Michelle Tyde's 'The Licensing Journal' article on patent licensing. * The...more

Foley & Lardner LLP

Using Upfront IP Licensing to Reduce Future Supply Chain Disruptions

Foley & Lardner LLP on

Companies often enter into supply agreements for component parts that are covered by or produced using a supplier's intellectual property (IP) rights, but do not give enough thought to IP licensing. In the face of supply...more

Mintz - Intellectual Property Viewpoints

US Open for FRAND Business: The Fifth Circuit Vindicates Ericsson, Finding that Ericsson’s Offers were FRAND

The United States FRAND jurisprudence had a recent watershed moment in a decision that is sure to reverberate through the standard essential patent (SEP) world, and specifically SEP litigation in the United States. Earlier...more

Rivkin Radler LLP

Cannabis Investors and Producers Face Need for Due Diligence

Rivkin Radler LLP on

The cannabis industry is growing in leaps and bounds, but entrepreneurs interested in developing cannabis companies – as well as business people interested in investing in them – must make certain that they know what they are...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 17, Issue 2

USPTO Issues CBD Trademark Guidelines in Light of the 2018 Farm Bill: Key Takeaways - On May 2, 2019, the USPTO released its new guidelines on how it will examine federal trademark applications for CBD products in light of...more

Sheppard Mullin Richter & Hampton LLP

How Blockchain Technology Can Improve the Music Industry - September 2018

Blockchain is a revolutionary technology that has great potential to solve many of the fundamental challenges facing the music industry today. In fact, this technology is uniquely suited to address issues across the various...more

Kilpatrick

7 Key Takeaways: Important Considerations in Licensing Know-How with Patents

Kilpatrick on

Atlanta-based Kilpatrick Townsend Counsel Michelle Tyde focuses her practice on intellectual property/technology transactions, global sourcing transactions, and data privacy and security. She recently presented on issues that...more

Robins Kaplan LLP

[Webinar] Best Patent Practices in a Transforming Environment | Part II: Evolving Strategies for Patent Enforcement and Licensing...

Robins Kaplan LLP on

Today’s patent practice is rapidly transforming. The practice is undergoing sea changes in patent eligibility, enforcement strategies, and damages. Now more than ever, innovative companies need to adopt best practices to...more

Perkins Coie

Updated Antitrust Guidelines for IP Licensing Address New Laws, Omit Some Key Areas

Perkins Coie on

In 1995, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, the Agencies) published guidelines that delineated how and when the Agencies would evaluate intellectual property licensing...more

37 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide