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In Helferich Patent Licensing LLC v. New York Times Co., 2015 U.S. App. LEXIS 2047 (Fed. Cir. Feb. 10, 2015), the Court of Appeals for the Federal Circuit ("CAFC") concluded that the judicially-created doctrine of patent exhaustion should not be expanded such that authorized sales to persons practicing a first set of patent claims exhaust the patentee's rights to enforce other patent claims against different parties, reversing a district court decision that had granted summary judgment of non-in

While the US patenting environment has changed dramatically in the past two years, high-tech startups still need to pursue patents—but with a different focus. Here’s how and why.

A Federal court can only consider a claim for patent infringement if the plaintiff has "standing" to sue for that infringement.

In a case of first impression, a U.S. bankruptcy court charged with enforcing the rights of a foreign insolvency administrator against assets in the United States has held that foreign insolvency law may not be invoked to cancel the rights of licensees of U.S. patents.

The U.S. Court of Appeals for the Ninth Circuit Court affirmed that the First Amendment does not protect a video game developer’s unauthorized use of an athlete’s likeness in a college football video game, since recreating the athlete in the setting in which he acquired notoriety is not sufficiently transformative.

I am a technology attorney in Texas specializing in software license transactions and disputes with the major software publishers including Microsoft, Adobe, Oracle and IBM.

The IEEE encourages holders of SEPs to disclose the existence of SEPs during the standard-setting process.

Patent holders and accused infringers will need to continue being creative in drafting license agreements after the Supreme Court's recent decision in Kimble v. Marvel, No. 13-720, 2015 U.S. Dist. LEXIS 4067, at *6.

In patent infringement litigation, as with other civil litigations, the "prevailing party" is usually awarded its litigation costs.

A federal court has upheld the validity of the FTC’s recent rules for reporting certain transfers of exclusive patent rights in the pharmaceutical industry.

New technology continues to generate business models that test the limits of intellectual property laws enacted before such technologies were ever contemplated.

A Virginia court declined to exclude evidence that the patents asserted in a patent infringement action had been previously licensed to over 1000 licensees because such evidence was relevant to commercial success and validity, reasonable royalty damages, willful infringement by the accused infringer, and good conduct by the patent owner.

In Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court held, in a 7-2 decision, that the Andy Warhol Foundation for the Visual Arts (AWF) infringed photographer...

The Federal Circuit's decision in VDPP, LLC v. Volkswagen Group of America, Inc. establishes critical obligations for patent owners regarding marking requirements when licensing their patents. Patent owners must now demonstrate reasonable efforts to ensure licensees comply with marking statutes, even in settlement agreements that don't explicitly admit infringement. Understanding these requirements is essential for both patent holders seeking to preserve pre-suit damages and alleged infringers evaluating po

An important question in industry standard-setting has been whether a patent holder who owns essential and non-essential patents that read on a standard may insist that licensees take a license to both sets of products.

The US Court of Appeals for the Federal Circuit vacated a judgment limiting a trade secret plaintiff to a reasonable royalty based on the parties’ licensing history, finding that unjust-enrichment damages...

Intellectual property licensing, distribution and collaboration agreements are widely used to expand businesses and reach new markets. While they offer flexibility, they carry a frequently overlooked regulatory risk.