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  • Article

    Limited License Term Can Defeat Licensee’s Standing to Sue

    Addressing for the first time the issue of whether an exclusive patent licensee, with all substantial rights to a patent but for only a limited portion of the patent term, had standing to bring suit on the patent, the U.S. Court of Appeals for the Federal Circuit held the licensee did not have standing to sue.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    New Formulations Found Obvious By A Federal District Court

    When the U. S. Supreme Court established its new obviousness test in “KSR Int'l Co. v. Teleflex, Inc.”, 127 S. Ct. 1727 (2007), legal commentators suggested that the decision changed little for lifescience inventions.
    United StatesIntellectual Property
    Bracewell LLP
Bracewell LLP
  • Article

    Posting Service Entitled To Broad Immunity Under CDA

    The district court rejected Goren's argument that, by holding itself out as the copyright holder and by having "directed" internet search engines to list the postings, Ripoff Report itself became the information provider.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    SQL Server Licensing Challenges In Hosting Environments

    Microsoft does not make licensing SQL Server easy, either under SPLA or under volume licensing agreements.
    United StatesIntellectual Property
    Scott & Scott LLP
    Scott & Scott LLP
  • Article

    Taylor Swift And Her Mastermind Strategy Of Using Trademark Law To Protect Against AI

    Taylor Swift has filed three new trademark applications with the USPTO, including two sound marks featuring her voice saying "Hey, it's Taylor" and "Hey, it's Taylor Swift," plus a visual mark of her iconic stage appearance.
    United StatesIntellectual Property
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Trademarks Are Not Aesthetically Functional

    Saying that deciding otherwise "would be the death knell for trademark protection," the U.S. Court of Appeals for the Ninth Circuit held that the doctrine of aesthetic functionality does not render trademarks unprotectable, even when it is the trademarks themselves that consumers wish to buy.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Transmission Intercepted: Acacia’s Widespread Patent Litigation

    An intellectual property holding company is attempting perhaps the most widespread patent licensing program ever, and any company with a Web site that streams stored audio or video may be contacted next about taking a license.
    United StatesIntellectual Property
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Trebled Damages Means No Injunction For Knock-Off Software

    The UK court determined that under the EU Directive on software copyright, SAS's software copyright did not cover aspects of the program that were reproduced and the parties could not contract around the Directive.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Building Your AI Model The Right Way – Part II

    In this second installment on AI, we address the key issues around the data being used to create and train an AI model, specifically what needs to be considered in obtaining and using it.
    United StatesTechnology
    Brown Rudnick LLP
    Brown Rudnick LLP
  • Article

    The Impact Of Brexit – What We Know Now

    On 23rd June 2016 the UK public voted to leave the European Union. Despite the vote to leave the EU, the UK will continue to abide by EU laws until exit is finalized.
    European UnionIntellectual Property
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • Article

    Autodesk Audits: Managing Independent Contractors

    Autodesk, Inc. uses a variety of resources to identify potential audit targets.
    United StatesAccounting and Audit
    Scott & Scott LLP
    Scott & Scott LLP
  • Article

    DOJ Investigating Google Maps, Plans Third Antitrust Lawsuit Against The Company, Reports Say

    According to multiple news reports, the Department of Justice has revived its antitrust investigation against Alphabet Inc. and Google LLC over their Google Maps service and is considering filing suit this year.
    United StatesAntitrust/Competition Law
    MoginRubin
    MoginRubin
  • Article

    Second Circuit Hears Argument In People of the State of New York v. Actavis PLC

    On April 13, 2015 the Second Circuit (Hon. Walker, Raggi, Droney) heard oral argument in People of the State of New York v. Actavis PLC.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    The Wait Is Over: FTC And DOJ Issue Their Long-Anticipated Report On Antitrust Enforcement And Intellectual Property Rights

    Today, the U.S. Department of Justice ("DOJ") and Federal Trade Commission ("FTC") issued their long-awaited report on Antitrust Enforcement and Intellectual Property Rights ("Antitrust-IP Report").
    United StatesAntitrust/Competition Law
    Morrison Foerster
    Morrison Foerster
  • Article

    U.S. Agencies Propose New Antitrust Guidelines For Intellectual Property Licensing

    As with developments in antitrust law more generally, most of the relatively few substantive changes permit greater flexibility in IP licensing.
    United StatesAntitrust/Competition Law
    Jones Day
    Jones Day
  • Article

    GM (Again) Revises Its Terms And Conditions, This Time In Response To Continued Supplier Concerns

    In July 2013, GM rolled out major changes to its general terms and conditions for its contracts, imposing the most extensive changes for its suppliers in several decades.
    United StatesCorporate/Commercial Law
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    NextWave Redux

    In a landmark 2003 ruling, the U.S. Supreme Court held that the Bankruptcy Code’s anti-discrimination provisions prohibited the Federal Communications Commission ("FCC") from revoking broadband spectrum licenses valued at nearly $5 billion awarded at a pre-bankruptcy auction to chapter 11 debtor NextWave Personal Communications, Inc.
    United StatesFinance and Banking
    Jones Day
    Jones Day
  • Article

    Ohio Walks Back Prior Small Loan Act Guidance, Eases Licensing Position For Bank Partnerships

    Around Christmas 2024, the Ohio Division of Financial Institutions ("DFI") left a lump of coal in marketplace consumer lenders' proverbial stockings by issuing guidance that asserted...
    United StatesFinance and Banking
    Mayer Brown
    Mayer Brown
  • Article

    Recent Bankruptcy Court Decision Threatens Intellectual Property Rights of Licensees from Foreign Owners

    A recent bankruptcy court decision from the Eastern District of Virginia suggests that U.S. licensees of U.S. intellectual property from a foreign owner may lose their rights in a foreign insolvency proceeding even though the U.S. Bankruptcy Code was long-ago amended to eliminate that result.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    O'Melveny & Myers LLP
    O'Melveny & Myers LLP
  • Article

    Judge Andrews Denies Motion For Attorneys' Fees Of Prevailing Party But Awards Costs

    By Memorandum Opinion entered by The Honorable Richard G. Andrews in Pragmatus v. Newegg Inc., Civil Action No. 12-1533-RGA (D.Del., February 18, 2016), the Court denied Defendant Newegg's Motion for Attorneys' Fees but granted its Motion for Costs.
    United StatesIntellectual Property
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Showing 361–380 of 1201 results

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