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On September 10, the U.S. Court of Appeals for the Ninth Circuit held in Vernor v. Autodesk that the first sale and the essential step doctrines do not apply to purchasers of a copy of software when the software was initially provided under a restrictive license.

In FTC v. Qualcomm Inc., the Ninth Circuit granted a significant victory to Qualcomm and highlighted challenges in using U.S

Appellate courts around the world previously had relatively few opportunities to offer guidance as to the licensing terms or the manner of negotiating licenses to SEPs.

On September 27, 2013, Judge Holderman issued a Memorandum Opinion and Order in In re Innovatio, setting a reasonable and non- discriminatory (RAND) licensing fee for Innovatio’s portfolio of nineteen patents essential to the 802.11 (Wi-Fi) standard.

A decision of the Court of Appeals for the Federal Circuit (CAFC) in <I>Ulead Systems, Inc. v. Lex Computer Management Corp</I>., 351 F.3d 1120 (Fed. Cir. December 9, 2003), highlights the importance of carefully determining whether a patent applicant or patentee is qualified for "small entity" status when paying fees to the U.S. Patent and Trademark Office (PTO).

Even exclusive licensees generally lack standing to sue others for patent infringement unless the license grants all substantial rights in the patent, or they get the cooperation of the patentee.

A Delaware court refused to consider expert opinions on a reasonable royalty for patent infringement that relied on licenses that were not economically comparable

By the time this weekend is over, you will suffer from branding overload.

This marks the first issue of WilmerHale's FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing...

On March 26, 2007, the Federal Circuit significantly lowered the bar for determining when a prospective patent licensee can initiate a declaratory judgment action.

Litigation involving standard-essential patents ("SEPs") is on the rise. The now longstanding and disturbing impact of efficient infringement by recalcitrant implementers is the predominant cause of the increase.

A California court recently denied a licensor's motion to dismiss the licensee's counterclaims for patent invalidity and noninfringement.

MoFo's Technology Transactions Group has always recognized the importance of diversity and inclusion.

NASA published a Notice of Intent to Grant a Partially Exclusive License a few days ago. It caught my eye because the notice was so cryptic.

In the rapidly evolving field of robotics, many companies leverage open-source software (OSS) to accelerate development, reduce costs, and benefit from a collaborative innovation ecosystem.

When it comes to intellectual property (IP), where your company holds its assets can be just as important as what you own. Many companies default to keeping IP within their operating entities… but is that the smartest move?

A California court recently overturned a jury's finding that Motorola was licensed under a Bluetooth Patent/Copyright License Agreement ("BPLA") as to certain patent claims asserted in an infringement action by Fujifilm.

Currently, brand owners are at a crossroads—should they dip their toes into new web3 mediums and opportunities, or should they guard against potential pitfalls in this new space?