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  • Article

    Jacobsen v. Katzer: Open Source Licensor Prevails On Summary Judgment Motions

    On December 10, 2009, the District Court for the Northern District of California ruled on the parties’ motions for summary judgment in the ongoing open source licensing dispute in "Jacobsen v. Katzer".
    United StatesIntellectual Property
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    Licensing, Logo Protection, And Fair Use – Rounding Out Nutter's How-To Series On Branding

    Nutter's series on building a brand began with the selection of a trademark and the process of formally protecting a mark via trademark registration.
    United StatesIntellectual Property
    Nutter McClennen & Fish LLP
    Nutter McClennen & Fish LLP
Article

Motivating Suppliers To Take A License By Suing Several Customers Was Not Improper And Did Not Justify Awarding Attorney Fees

In "exceptional" cases, courts may require the losing party to pay the attorney fees of the winning party.
United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • Article

    Part III: A Business Owners Guide To Assignments, Assignment Clauses, And Licenses

    When hiring creators to develop copyrighted works for your business, understanding the critical differences between assignments, licenses, and work-for-hire agreements can mean the difference between owning...
    United StatesIntellectual Property
    Klemchuk
    Klemchuk
  • Article

    Patent Owner Who Retains Rights To Practice Need Not Be Joined In Enforcement Actions By Its Licensee

    Candella licensed patents from Disney relating to artificial candles in 2008. In 2014, Candella merged with Luminara Worldwide LLC, (both parties are referred to as Luminara in this article).
    United StatesIntellectual Property
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • Article

    Post-Patent Strategy: Next Steps For Companies Without In-House Counsel

    Companies without dedicated in-house IP counsel face critical decisions in the months following a competitor's patent issuance. Understanding the available challenge mechanisms, monitoring windows, and strategic options can help businesses address patent risks proactively rather than reactively when faced with enforcement actions.
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    Registration Of State Names As Trademarks

    Collegiate licensing is a big deal these days. Lots of alumni and fans of college teams want to wear clothing bearing the marks of their alma mater or their favorite team.
    United StatesIntellectual Property
    Stites & Harbison PLLC
    Stites & Harbison PLLC
  • Article

    The Importance Of Proper Employee Assignment Of Inventions Agreements

    On September 30, 2009, the U.S. Court of Appeals for the Federal Circuit decided in "Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc.", 583 F.3d 832 (Fed. Cir. 2009), that the plaintiff ("Stanford") lacked standing to assert an infringement cause of action against the defendant ("Roche") as Stanford did not possess the necessary interest in the patents-in-suit.
    United StatesIntellectual Property
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    Think Tank's Posting Of Substantially Cropped Photo Of Heartthrob Governor Constitutes Fair Use

    A think tank fellow publishes an opinion piece in The New York Post that includes a fetching photo of New York Governor Andrew Cuomo. (Mind you, this is two years before the governor's daily pandemic press conferences...
    United StatesIntellectual Property
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    Throwback Baltimore Ravens Uniform In EA’s Madden NFL Video Game Is Not A Fair Use

    The Baltimore Ravens may be off to an impressive 9-2 start this NFL season, but the club’s defensive line (of lawyers) couldn’t hold off a successful copyright infringement claim by security guard and artist Frederick Bouchat based on the unauthorized inclusion of his Ravens logo design in a football video game.
    United StatesIntellectual Property
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    USPTO Reinstates Double Patenting Rejections In Ex Parte Baurin: What Life Sciences Innovators Need To Know

    The USPTO Appeals Review Panel's August 2026 decision in Ex parte Baurin reinstated nonstatutory double patenting rejections against Sanofi's antibody-like binding protein application, even though the application would expire before the reference patent. This precedential ruling raises critical questions about whether the risk of harassment by multiple patent owners alone justifies double patenting rejections, particularly when no extension of patent term exists.
    United StatesIntellectual Property
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Last Week In The Federal Circuit (August 23-27): Supporting Damages Expert's Testimony

    With Labor Day around the corner and summer coming to a close, the Federal Circuit had a busy week with a lot of precedential opinions to pick from.
    United StatesLitigation, Mediation & Arbitration
    Morrison Foerster
    Morrison Foerster
  • Article

    This RMLC/GMR Fight Is No Joke

    Most radio stations have received emails in the past several weeks from both the Radio Music License Committee (RMLC) and Global Music Rights (GMR) regarding an interim license with, and new licensing fees owed to, GMR.
    United StatesMedia, Telecoms, IT, Entertainment
    Womble Bond Dickinson
    Womble Bond Dickinson
  • Article

    Antitrust Liability For Protecting Patent Rights: Where’s The "Clear And Convincing" Evidentiary Standard At The Summary Judgment Stage?

    The Federal Circuit recently permitted Mutual Pharmaceutical to proceed with counterclaims that Tyco’s patent enforcement litigation and FDA citizen’s petition violated the antitrust laws.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Assignment Of Copyright Through Terms Of Use: Does E-Sign Make It OK? A Tool For B2B Sites Dealing With Unauthorized Access To Their Content?

    It is a common practice for Web site providers who accept submissions of user-generated content to include a license provision in their "Terms of Use" to obtain rights to use the content.
    United StatesIntellectual Property
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    HRSA Proposed Rule Will Expand National Practitioner Data Bank´s Reporting Requirements

    On March 21, 2006, the Health Resources and Services Administration ("HRSA") of the U.S. Department of Health and Human Services published a proposed rule that incorporates the statutory requirements under Section 1921 of the Social Security Act ("SSA") into the regulations governing the reporting of information to the National Practitioner Data Bank for Information on Physicians and Other Health Care Practitioners ("NPDB").
    United StatesConsumer Protection
    Duane Morris LLP
    Duane Morris LLP
  • Article

    Another "Stone" Themed NPE Launches Litigation

    The asserted patent issued to IBM in May 2008 with an estimated priority date in October 2003.
    United StatesIntellectual Property
    RPX Corporation
    RPX Corporation
  • Article

    International Trade Commission Offers Guidance On Satisfaction Of Domestic Industry Requirement

    The International Trade Commission has developed a new 10-factor test to determine whether activities tied to licensing a patent portfolio can satisfy Section 337's domestic industry requirement.
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    IP Bulletin, May 2013

    While the America Invents Act (AIA) brought many significant changes to the U.S. patent laws, there is arguably no more impactful change than the shift from a "first to invent" system to a "first inventor to file" system.
    United StatesIntellectual Property
    Nutter McClennen & Fish LLP
    Nutter McClennen & Fish LLP
  • Article

    Implied Licenses in Software Licensing

    In Numbers Licensing LLC v. bVisual USA Inc. [91 U.S.P.Q.2d 1946 (E.D. Wash. July 15, 2009)], the United States District Court for the Western District of Washington addressed the implied license defense in the software licensing context.
    United StatesMedia, Telecoms, IT, Entertainment
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • Showing 741–760 of 1202 results

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