ArticleDo You Have a License For That "Roll Tide" Tattoo?- Madden 15 Raises QuestionsToday is a monumental day for us Tattooed-Americans. United StatesIntellectual PropertyStites & Harbison PLLC
ArticleEnforceability Of Open Source Copyright Licenses: Remedies Not Limited To Breach Of ContractIn a unusual copyright decision testing remedies for breach of an open source copyright license, the U.S. Court of Appeals for the Federal Circuit recently determined in that software developers who release their code under an open source license do not waive their right to sue for copyright infringement.United StatesIntellectual PropertyMcDermott Will & Emery
ArticleFCC Reminds Licensees Of Private Land Mobile Narrowbanding DeadlinesA wide variety of industrial and business enterprises hold FCC licenses that may be affected by the narrowbanding deadlines.United StatesIntellectual PropertyMcDermott Will & Emery
ArticleFederal Circuit Finds Agreement To Agree Not EnforceableIn Phytelligence, Inc. v. Washington State University, the Federal Circuit held that the agreement terms at issue constituted "an unenforceable agreement to agree"...United StatesIntellectual PropertyFoley & Lardner LLP
ArticleFinding No Fraud And Naked Licensing Barred By Licensee Estoppel, TTAB Denies TREE'S WINGS & RIBS Cancellation PetitionThe Board dismissed this petition for cancellation of a registration for the mark TREE'S WINGS & RIBS, in standard character form, for restaurant services,United StatesIntellectual PropertyWolf Greenfield & Sacks
ArticleForeign Filing License in a NutshellForeign filing licenses do not typically require much attention in daily practice since the license is routinely applied for and granted as a matter of course in new application filings. United StatesIntellectual PropertyNutter McClennen & Fish LLP
ArticleGeorgia Becomes The First State To Mount A Direct Challenge Against Unauthorized Publishing Of Annotated CodeIn what has already become news in the copyright community nationwide, the State of Georgia has launched a legal campaign against Public.Resource.org, Inc.United StatesIntellectual PropertyWomble Bond Dickinson
ArticleHow Can You Safely Discuss Your IP With Others?As discussed in our previous posts, startups are about capitalizing on ideas, contacts and experience. United StatesIntellectual PropertyFoley & Lardner LLP
ArticleIoT SEP Negotiations: New Players In A Complicated GameWhy should internet of things (IoT) manufacturers prepare to be approached by standard essential patent (SEP) holders? A recent trend suggests that many implementers may soon...United StatesIntellectual PropertyAxinn LLP
ArticleIs Breach Of A Licensing Agreement Considered A Breach Of Contract Or Copyright Infringement?Licensing agreements are common, often entered into in business contexts to obtain permission to use someone's intellectual property, or in a consumer setting relating to software or online subscription services.United StatesIntellectual PropertyRomano Law
ArticleITC Now Requires Satisfaction Of The "Technical Prong" For Licensing-Based Domestic IndustriesReversing course from longstanding practice, the U.S. International Trade Commission (ITC or Commission) has held that proof of "articles protected by the patent" (i.e., a technical prong) is now required for satisfaction of the domestic industry requirement (DI requirement), even where the DI allegation is based on licensing investments under 19 U.S.C. § 1337(a)(3)(C). United StatesIntellectual PropertyMcDermott Will & Emery
ArticleKimble v. Marvel Changes How Patent Licenses Should Be Drafted And Also Diligenced In TransactionsIn 1990, Stephen Kimble obtained a patent for a toy that allowed children and adults to shoot "webs" from the palms of their hands.United StatesIntellectual PropertyBakerHostetler
ArticleNew York Court Gives Final Approval To $58.5 Million Music Licensing SettlementOn February 19, 2015, the District Court for the Southern District of New York issued final approval of a $58.5 million settlement between performing rights society SESAC and the Television Music License Committee (TMLC). 1:09-cv-09177-PAE (Dkt. No. 221). United StatesIntellectual PropertyProskauer Rose LLP
ArticlePatent Licensee In Good Standing Can Challenge Patent Under Declaratory Judgment ActOn January 9, 2007, the Supreme Court reversed the Federal Circuit's dismissal of MedImmune's patent invalidity suit under the Declaratory Judgment Act, and remanded for further proceedings.United StatesIntellectual PropertyDuane Morris LLP
ArticlePresident Disapproves ITC Exclusion OrderFor the first time since the administration of President Ronald Reagan, an exclusion order issued by the U.S. International Trade Commission has been disapproved by the president on policy grounds. United StatesIntellectual PropertyMcDermott Will & Emery
ArticlePublic Performance PrimerThese days, it’s hard to imagine a restaurant or bar experience that is not accompanied, in some part, by music.United StatesIntellectual PropertyFox Rothschild LLP
ArticleSupreme Court Curbs Inducement Doctrine In Limelight Networks v. Akamai TechnologiesAfter much anticipation, the Supreme Court delivered its opinion in Limelight Networks, Inc. v. Akamai Technologies, Inc., making clear that a defendant may not be liable for inducing infringement of a method patent under 35 U.S.C. § 271(b) unless direct infringement has been committed under § 271(a).United StatesIntellectual PropertyVenable LLP
ArticleThe Greek Freak And Celebrity Trade MarksOne of the biggest names in US basketball right now is Giannis Antetokounmpo. Giannis is huge in every way and he's the NBA's current MVP (Most Valuable Player). United StatesIntellectual PropertyENS
ArticleUnderstanding And Responding To Licensing BoardsResponding can be challenging because the mere submission of a complaint can trigger a strong emotional response, and the process presents a risk that action adversely affecting the licensee may be taken. United StatesIntellectual PropertyWard and Smith, P.A
ArticleU.S. Supreme Court To Review Burden Of Proof To Apply In Patent Licensee ChallengesIn 2007, the United States Supreme Court ruled that patent licensees could challenge their obligation to pay patent license royalties under a license agreement without first breaching the license agreement by halting royalty payments.United StatesIntellectual PropertyRopes & Gray LLP