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In a biopharma patent portfolio, layers matter. The core innovation sits at the center, protected by a composition of matter patent. Around it, successive patent families can protect discoveries made during development: new uses, delivery mechanisms, dosage regimens, solutions to adverse effects, formulations, manufacturing processes and methods of commercialization.

The United States Patent and Trademark Office (USPTO) recently announced a final rule that will bring significant changes to trademarks that will take effect on January 1, 2024.

December 18, 2020 – On December 18, 2020, the U.S. Department of Commerce, Bureau of Industry and Security ("BIS") released a final rule that would add 77 new entities...

An October 16 ruling by the Register of Copyrights will vastly increase the options for ringtone creators and distributors by making more copyrighted music available through compulsory licensing. The decision has been hailed by the Recording Industry Association of America and criticized by music publishers and songwriters, who can no longer refuse licenses or negotiate higher-than-statutory royalties.

There has been much controversy over the last few years concerning the issue of the right of a state to tax out-of-state license and franchise transactions. A recent case in New Mexico may affect that state’s position on the applicability of its gross receipts tax (GRT) to royalties paid under franchise agreements.

As an active participant in the ‘licensing industry’, I’ve seen a lot of change over the last few years. Celebrities have become licensors, retailers have become licensees, and virtually every market has become more competitive. Something that hasn’t changed for many licensors is the emphasis on royalty revenue.

In recent years, there has been a tremendous buzz about open source software. Many constituencies believe that it is the ultimate destiny of the software industry, while others remain unconvinced that open source represents a viable business model.

As the opinion did not consider the remaining fair use factors, this opinion affirmed the Second Circuit's finding that the Foundation's use was not a fair one.

On August 22, 2005, the U.S. Treasury issued proposed regulations with sweeping changes to the rules for cost sharing arrangements under Treas. Reg. sec. 1.482-7.

Just when observers thought Qualcomm could celebrate its successful litigation with Apple another decision has come down which could have major implications for Qualcomm's business going forward.

With the advent of the global economy, the design, manufacturing, marketing, and sales activities of businesses are being performed increasingly overseas. Naturally, the owners of U.S. patents are increasingly attempting to enforce their U.S. patents against activities carried out at least in part, if not entirely, outside the U.S.

The Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trademark Office recently issued an important decision concerning the effect of an applicant’s incorrect but not fraudulent statement that a mark was in use on all of the specified goods or services in a trademark application.

In order to better protect such licensees, Congress amended the Bankruptcy Code in 1988 to add section 365(n).

Overturning Federal Circuit precedent to the contrary, the U.S. Supreme Court on January 9, 2007, held by an 8-1 vote that a patent licensee may seek a declaratory judgment that it has no duty to pay royalties under its license agreement, and may do so without first terminating or breaching that agreement.

On March 23, 2010, President Obama signed into law the Patient Protection and Affordable Care Act of 2010 ("PPACA"), Public Law No. 111-148. This massive, groundbreaking piece of legislation contains, or the first time, a statutory pathway for licensure, or approval, of biological products that are biosimilar to, and possibly interchangeable with, earlier biological products (termed "reference products") licensed under the Public Health Service Act.

Launched in 2010 by Cold Brew Labs Inc., Pinterest is one of the fastest-growing social media websites of all time.

On May 20, the Supreme Court issued its decision in Mission Product Holdings Inc. v. Tempnology LLC, No. 17-1657, 2019 WL 2166392 (U.S. 2019), resolving a long-standing issue at the center

Last week, the Supreme Court issued a highly anticipated decision providing guidance on the limits of copyright "fair use" that content creators and copyright holders should consider. In 2016...