ArticleConnected Cars And Autonomous Driving - EU Antitrust Challenges (Part I)Among the different fields of law concerned, competition law will play a key role. European UnionAntitrust/Competition LawJones Day
ArticleWindows Desktop Licensing Can Be As Perilous As Any Other Microsoft ProductIn a software audit, there are two categories of information to be collected: data regarding what products are deployed and records demonstrating the licenses that the business has acquired.United StatesAccounting and AuditScott & Scott LLP
ArticleAnother FTC Conduct Case To Bolster Generic Drug Competition: Pharmaceuticals Charged With Illegal Non-Compete For Generic ADHD Drug SalesThe Federal Trade Commission's ever-expanding list of enforcement actions to preserve competition for generic pharmaceuticals just grew in a new direction. United StatesAntitrust/Competition LawMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleFTC Announces Amendments To Hart-Scott-Rodino Rules Regarding Pharmaceutical Patent LicensesThe Federal Trade Commission (FTC) has announced revisions to the rules under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) that will apply to certain transactions involving the transfer of patent rights in the pharmaceutical and medicine manufacturing industry. United StatesAntitrust/Competition LawHolland & Knight
ArticleColorado’s Artist Company Act: A New Model For Creative InvestmentThe State of Colorado has taken a notable step in reshaping how creative businesses can be structured and financed with the introduction of the Colorado Artist Company Act (SB26 133).United StatesCorporate/Commercial LawLewis Brisbois Bisgaard & Smith LLP
ArticleConsiderations For Nonprofits When Using Getty's New "Free" ImagesGetty Images recently made over 35 million photo images from its inventory available for free online use by any interested person.United StatesCorporate/Commercial LawVenable LLP
ArticleNegotiating A Statement Of Work: Key Terms In A Statement Of WorkOften, after signing a Master Service Agreement ("MSA"), a service provider and its client will memorialize the details of the project by crafting a Statement of Work ("SOW"). United StatesCorporate/Commercial LawScott & Scott LLP
ArticleGeorgia And Nebraska Update Money Transmission StatutesTwo states have recently finalized significant updates to their money transmission laws, signaling continued nationwide alignment with the Conference of State Bank Supervisors' Model Money Transmission Modernization Act...United StatesFinance and BankingSheppard
ArticleEyeing AI: Artificial Intelligence And Its Increasing Impact On The Insurance IndustryThe use of artificial intelligence ("AI"), which may be defined as the development of computer systems able to perform tasks normally associated with human intelligence ...United StatesInsuranceMayer Brown
ArticleBedazzled, But Protectable? The Trademark Questions Behind "MURRRDER" Merch DisputeIf you've been following the drama unfolding on the TV show "The Traitors" (U.S.), you're already familiar with the tartan-clad chaos, castle intrigue, and Alan Cumming's fashion statements. United StatesIntellectual PropertyNelson Mullins Riley & Scarborough LLP
ArticleBranding Clarity Key To IP Valuation For Mission-Driven CompaniesIn a world defined by climate change, social inequality, and large-scale conflict, and as idealistic Millennials come of age, companies that can turn a profit while fulfilling a higher mission are on the rise. United StatesIntellectual PropertyNevium Intellectual Property Consultants
ArticleCircumstances Surrounding License Negotiations May Determine Whether A Third-Party Is An Intended Beneficiary Having Rights Under The Resulting License AgreementExtrinsic evidence regarding the negotiations surrounding an agreement may be relevant to determining the scope and meaning of the provisions, including whether a third party has standing to enforce the agreement ...United StatesIntellectual PropertyFinnegan, Henderson, Farabow, Garrett & Dunner LLP
ArticleFederal Circuit Vacates $12.7M Software Infringement Award Against Government, Places Limits On The “Book Of Wisdom”A Federal Circuit ruling clarifies how courts calculate copyright damages when the government exceeds commercial software license terms, examining whether actual license rates or hypothetical negotiations should govern infringement awards. The decision addresses critical questions about the "book of wisdom" doctrine's limits and the availability of enhanced statutory damages against the United States under 28 U.S.C. § 1498(b). United StatesIntellectual PropertyWiley Rein
ArticleFifth Circuit Looks To Totality Of Parties’ Conduct To Determine Implied LicenseAnalyzing when an implied non-exclusive license can be granted, the U.S. Court of Appeals for the Fifth Circuit clarified that an implied license can arise not only in the context of a work-for-hire agreement, but wherever the totality of the parties’ conduct supports such an outcome. United StatesIntellectual PropertyMcDermott Will & Emery
ArticleFour Major Factors At Play In The Google-Oracle IP Rights DisputeAbout 10 years ago, Oracle made its first move to sue Google for infringement of its IP rights of certain application programming interfaces (APIs) within its Java open-source programming language. United StatesIntellectual PropertyDennemeyer & Associates S.A.
VideoLicensed vs. Unlicensed: The Super Bowl And Trademark Licensing (Video Content)A trademark may make you money by rendering goods or services easier for your customers and potential customers to find.United StatesIntellectual PropertyStites & Harbison PLLC
ArticleLicensee Standing to Bring Declaratory Judgment ActionThe U.S. Court of Appeals for the Federal Circuit affirmed there is no "case or actual controversy" as required by the Declaratory Judgment Act to challenge the validity and enforceability of a patent where, at the time the licensee brought the declaratory judgment action and thereafter, the licensee honored and continued to honor its obligations under the license agreement.United StatesIntellectual PropertyMcDermott Will & Emery
ArticleLicensing Your Patents? Make Sure The Federal Government Pays Its Fair Share.Technology companies frequently enter into patent licensing transactions, sometimes in order to settle patent litigation, and sometimes as a simple licensing or cross-licensing deal. But the partiesUnited StatesIntellectual PropertyWilliams Mullen
ArticleMedimmune Challenge To Genentech Patent Permitted To ContinueJustice Scalia, reversing the U.S. Court of Appeals for the Federal Circuit, delivered the opinion of the Supreme Court, holding that under the Declaratory Judgment (DJ) Act (the Act), a licensee in good standing need only plead a license dispute in order to challenge the underlying patent. United StatesIntellectual PropertyMcDermott Will & Emery
ArticleMicrosoft Updates Volume Licensing Use Rights DocumentsSome changes in the new document already have been the cause of some confusion and concern.United StatesIntellectual PropertyScott & Scott LLP