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Article
Pre-Arbitration Injunction May Only Preserve Status Quo
The dispute arises out of a 1994 agreement between plaintiff Benihana America and defendant Benihana of Tokyo—two restaurant chains operating under the Benihana brand.
United StatesIntellectual Property
McDermott Will & Emery
Article
Reasonable Royalty Calculation—Expanding Beyond "Established" Royalties
The U.S. Court of Appeals for the Federal Circuit affirmed a district court’s calculation of "reasonable royalties" that accounted for intangible benefits conferred on the market by the patentee’s licensing program.
United StatesIntellectual Property
McDermott Will & Emery

Revised Supplemental Rules Prevent Single Filing Against Multiple Registrants

The National Arbitration Forum’s (NAF) revised Uniform Domain Name Dispute Resolution Policy (UDRP) Supplemental Rules became effective on January 1 2006. While most of the revisions do not have a material effect on the filing of complaints under the UDRP (eg, increased filing fees and the limitation for each party to a single additional submission), the new definitions section has a significant impact on a fairly common type of domain dispute.

United StatesIntellectual Property

Right to License Is Not The Same As Right To Sue

Just because you have the shared right to reproduce copyrighted works, does not mean that you have standing to sue others for infringement of those copyrighted works.

United StatesIntellectual Property

Second Time's The Charm? The Government Again Intervenes On Injunctions In East Texas

For the second time in less than a year, the USPTO, along with the DOJ's Antitrust Division, has stepped into a patent case pending in the Eastern District of Texas.

United StatesIntellectual Property

Singing The Same Tune: Ninth Circuit Joins Second Circuit In Requiring Synchronization And Reprint Licenses For Karaoke Lyrics

Addressing for the first time whether obtaining a compulsory license to reproduce musical compositions on karaoke machines also allows for song lyrics to be displayed in coordination with the music, the U.S. Court of Appeals for the Ninth Circuit held that a compulsory license does not include the right to print or display song lyrics with the recordings.

United StatesIntellectual Property

McDermott Will & Emery

State Voice Protection Statute Pre-Empted by Copyright Laws

The U.S. Court of Appeals for the Ninth Circuit ruled that a vocalist’s state law claims, based on protection of a performer’s voice, were pre-empted by the Copyright Act in Debra Laws v. Sony Music Entertainment, Case No. 03-57102 (9th Cir. May 24, 2006) (Bybee, J.).

United StatesIntellectual Property

McDermott Will & Emery

Termination Of Distribution Agreement Does Not Affect Licenses To Cloud-Based Access

After finding that a copyright infringement question analyzed by the district court was more properly a contract interpretation issue, the US Court of Appeals for the Second Circuit...

United StatesIntellectual Property

McDermott Will & Emery

The Dangers of the "Most Favored License" Provision

In an interesting turn of events, the U.S. Court of Appeals for the Federal Circuit, applying Fifth Circuit law, reversed a decision allowing a licensee to intervene in a terminated case that directly influenced its royalty payments.

United StatesIntellectual Property

McDermott Will & Emery

The Federal Circuit Denies Interlocutory Appeal In Licensing Dispute

The plaintiff, Dr. G. David Jang, sued Boston Scientific in federal court for breach of a license agreement.

United StatesIntellectual Property

McDermott Will & Emery

"Track B Initial Case Management Order" In The Eastern District of Texas

The U.S. District Court for the Eastern District of Texas (EDTX) has issued a General Order for an alternative case management schedule that expedites disclosures in patent cases.

United StatesIntellectual Property

Brinks Gilson & Lione

Tupac's "Performance" And Copyright

When Tupac Shakur took the stage at Coachella last month, the ovations from the fans at the show were quickly followed by a spike in his catalog sales.

United StatesIntellectual Property

University Licensing Programs

Can you believe summer is almost over and students are heading back to school? Already some local high schools have begun their fall semester.

United StatesIntellectual Property

Stites & Harbison PLLC

UPC Grants Landmark Anti-interim-licence Injunction

In a significant development for SEP litigation in Europe, the Mannheim Local Division of the Unified Patent Court (UPC) has issued an ex parte order in UPC_CFI_936/2025...

United StatesIntellectual Property

Update: Antitrust-Intellectual Property Licensing Guidelines

The Antitrust Division of the DOJ and the FTC announced, on August 12, 2016, they are seeking public comments on the first update to the Antitrust Guidelines for the Licensing of Intellectual Property issued in 1995.

United StatesIntellectual Property

Foley & Lardner LLP

US Supreme Court Releases Opinion in "Reed Elsevier, Inc. v. Muchnick"

On March 2, 2010, the Supreme Court held that the provision of the Copyright Act which requires authors to register their works before suing for copyright infringement, 17 U.S.C. § 411(a), is not a limitation on the federal courts’ subject-matter jurisdiction, but instead merely a "claim-processing rule" setting forth what a copyright holder must do before he or she may file a claim in court.

United StatesIntellectual Property

When Is A RAND License Not Enough? Federal Circuit Vacates $10 Million Damages Award On Standard Essential Patents

In Ericsson, Inc. v. D-Link Systems, Inc. (Fed. Cir. 2014), the Court rejected a jury damages award of $10 million on 802.11(n) standard essential patents found to be infringed by D-Link.

United StatesIntellectual Property

ArentFox Schiff

EA Sports Announces College Football Video Game Revival And Another Collegiate Athlete Persona Rights Piece Of Legislation Is Proposed In Congress

Electronic Arts, Inc. (EA) announced that they are developing EA Sports College Football in collaboration with Collegiate Licensing Company (CLC)

United StatesMedia, Telecoms, IT, Entertainment

Frankfurt Kurnit Klein & Selz PC

New Jersey Pushes Forward To Legalize Internet Gaming

The New Jersey Legislature took another step towards legalizing online gaming in New Jersey.

United StatesMedia, Telecoms, IT, Entertainment

Duane Morris LLP

Non-Traditional License Documentation – Save Everything!

When it comes to keeping records demonstrating how and when your company acquired software licenses, you can never have too much of a good thing.

United StatesMedia, Telecoms, IT, Entertainment

Scott & Scott LLP

Showing 401–420 of 1201 results

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