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  • Article

    The Monkey In The Machine

    In 2011, a Celebes crested macaque took a shot that was heard 'round the world. In a jungle in Indonesia, it depressed the remote trigger button of a photographer's camera, effectively taking a selfie.
    United StatesIntellectual Property
    BakerHostetler
    BakerHostetler
  • Video

    The Patent Enforcement Economy Is Leaving Inventors Behind/ IPWatchdog Unleashed (Video)

    The patent system promises inventors exclusive rights in exchange for public disclosure, but enforcement has become prohibitively expensive, creating a minimum damages threshold that effectively rations access to justice. Litigation finance and contingency arrangements have emerged not as exploitation but as necessary responses to a system where defending patent rights can cost $12-20 million, making infringement economically rational even when patents are strong.
    United StatesIntellectual Property
Licks Attorneys
Licks Attorneys
  • Article

    Trademark Holding Companies are Subject to North Carolina Franchise and Income Taxes

    In a decision that establishes the economic nexus principle as the basis for the imposition of tax in North Carolina, the North Carolina Court of Appeals affirmed income and franchise tax assessments against several Delaware trademark holding companies for royalty and interest payments they received from retail companies operating in North Carolina.
    United StatesIntellectual Property
    Jones Day
    Jones Day
  • Article

    VMware Virtualization And The Oracle Audit: What Every Oracle Customer Needs To Know About The "Installed And/Or Running" Language Of The Processor Definition

    Oracle claims that all servers running the VMware software require an Oracle license even when there is no Oracle software installed on them.
    United StatesAccounting and Audit
    Tactical Law Group LLP
    Tactical Law Group LLP
  • Article

    Laurie & Monica Out-Action Jack…And Other Fiduciary Duties (Silicon Valley – Episode 22)

    Episode 22 provides a decisive and satisfying showdown between Jack's Box plan and Richard's consumer platform option.
    United StatesCorporate/Commercial Law
    Sheppard
    Sheppard
  • Article

    Crumbs Court Deals Protection For Trademark Licensees In Bankruptcy

    The Bankruptcy Code definition of "intellectual property" does not explicitly include "trademarks.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    ArentFox Schiff
    ArentFox Schiff
  • Article

    Aligning the Brand License Integrating Marketing Objectives Into the License Agreement

    Most trademark licensing relationships are defined and evaluated based upon the terms in a license agreement contract. In the case of a brand extension license, there can be a lot at stake, including the health and well being of the licensor’s brand. Surprisingly, many license agreements do not include specific terms or requirements that reflect key marketing objectives.
    United StatesIntellectual Property
    Goldmarks
    Goldmarks
  • Article

    Don´t Just Close Your Eyes And Leap: Top Five Issues In The Facebook Terms Of Use

    As we have helped businesses launch their exciting, new Facebook Pages, we’ve learned that there are some common concerns with Facebook’s rules.
    United StatesIntellectual Property
    Dorsey & Whitney LLP
    Dorsey & Whitney LLP
  • Article

    Patent Licenses Can Create State Contacts Bestowing Personal Jurisdiction Over Licensor

    The Federal Circuit’s recent holding in "Breckenridge Pharm., Inc. v. Metabolite Labs., Inc.", Nos. 05-1221, 05-1428, 2006 WL 895208 (Fed. Cir. Apr. 7, 2006), has made life easier for forum shoppers by establishing that a defendant in a patent declaratory judgment action may have the necessary "minimum contacts" with a forum state to confer personal jurisdiction simply by virtue of the defendant’s relationship with an exclusive licensee headquartered or otherwise doing business in the forum stat
    United StatesIntellectual Property
    Sutherland Asbill & Brennan LLP
    Sutherland Asbill & Brennan LLP
  • Article

    Acquisitions And IP Licenses: Looking Out For Poison Pill Affiliate

    A discussion on the topic of acquisitions and IP licences.
    United StatesCorporate/Commercial Law
    Fried Frank Harris Shriver & Jacobson
    Fried Frank Harris Shriver & Jacobson
  • Article

    Aligning the Brand License: Integrating Marketing Objectives Into the License Agreement

    Most trademark licensing relationships are defined and evaluated based upon the terms in a license agreement contract. In the case of a brand extension license, there can be a lot at stake, including the health and well being of the licensor’s brand. Surprisingly, many license agreements do not include specific terms or requirements that reflect key marketing objectives.
    United StatesIntellectual Property
    Goldmarks
    Goldmarks
  • Article

    Bargaining With Apple: Understanding The iOS Developer Program License Agreement

    When it came to market in July 2008, Apple, Inc.'s ("Apple") App Store created the first centralized market for applications for mobile devices.
    United StatesIntellectual Property
    Sheppard
    Sheppard
  • Article

    Composite Marks: The Interplay Between Textual And Design Elements

    Recent TTAB decisions illustrate how composite marks combining words and design elements can avoid likelihood of confusion with competing marks when the textual and visual components work together...
    United StatesIntellectual Property
    Cowan, Liebowitz & Latman, PC
    Cowan, Liebowitz & Latman, PC
  • Article

    Federal Circuit Addresses Standard For Filing Under Seal

    In a precedential decision, the U.S. Court of Appeals for the Federal Circuit addressed the standard for filing documents with a court under seal.
    United StatesIntellectual Property
    Pearl Cohen Zedek Latzer Baratz
    Pearl Cohen Zedek Latzer Baratz
  • Article

    Federal Circuit Upholds Uniloc PTAB Loss As NPE Fights Standing And Sealing Orders

    Uniloc 2017 LLC was a notably prolific litigant around three years ago, but the NPE has since ceased the active filing of litigation as it fights appellate battles on multiple fronts.
    United StatesIntellectual Property
    RPX Corporation
    RPX Corporation
  • Article

    Kimble v. Marvel Enterprises, Inc. – A Reminder To Think Carefully And Broadly When Drafting Patent Licenses

    In reaching its decision, the Supreme Court continued its current trend in emphasizing the limits on patent rights and the public's interest in corresponding discoveries.
    United StatesIntellectual Property
    Nutter McClennen & Fish LLP
    Nutter McClennen & Fish LLP
  • Article

    Negotiating Software Contracts – Successfully Negotiating An Indemnification Section (Part 2 & 3 Of 3)

    The licensor's (software vendor) objective is to protect itself from any claims resulting from the licensee (business) from breaching the license grant.
    United StatesIntellectual Property
    Scott & Scott LLP
    Scott & Scott LLP
  • Article

    Ninth Circuit Reverses FTC Win In FTC v. Qualcomm, Finding No Antitrust Violations From Qualcomm's Licensing Of Its Standard-Essential Patents

    In a reversal that came as no surprise to many observers, on Tuesday, August 11, 2020, a unanimous panel of the U.S. Court of Appeals...
    United StatesIntellectual Property
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    No One Told John Oliver About The America Invents Act: Last Week Tonight Stuck In 2012

    Those that excel at innovation should be entitled to focus on doing so without diverting their attention.
    United StatesIntellectual Property
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Patents And Standardization: How To Avoid 10 Common Pitfalls For The Unwary

    If your company is involved in research, design and development of new technology, chances are a standards setting organization (SSO) is discussing the potential standardization of such technology. There are clear benefits to participation in an SSO – keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization and directing the standardization effo
    United StatesIntellectual Property
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Showing 961–980 of 1202 results

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