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Searching Content indexed under Licensing & Syndication by McDermott Will & Emery ordered by Published Date Descending.
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1
Federal Jury Finds That Ericsson's Licensing Offer To HTC Is FRAND
On February 15, a Texas federal jury found that Ericsson did not breach its obligation to offer HTC licenses to its standard-essential patents (SEPs) on fair ...
United States
5 Mar 2019
2
Copyright Owner's Narrow Interpretation Of Implied License Rejected
Addressing the scope of an implied copyright license, the US Court of Appeals for the Seventh Circuit affirmed a district court's grant of summary judgment because the accused copyright ...
United States
9 Jul 2018
3
Trebled Damages Means No Injunction For Knock-Off Software
The UK court determined that under the EU Directive on software copyright, SAS's software copyright did not cover aspects of the program that were reproduced and the parties could not contract around the Directive.
United States
8 Dec 2017
4
Posting Service Entitled To Broad Immunity Under CDA
The district court rejected Goren's argument that, by holding itself out as the copyright holder and by having "directed" internet search engines to list the postings, Ripoff Report itself became the information provider.
United States
8 Dec 2017
5
University Trademark Licensing Denial Goes Up In Smoke
The US Court of Appeals for the Eighth Circuit affirmed the district court's decision that a university licensing authority violated the First Amendment when refusing to approve use of the university's trademarks on t-shirts incorporating a marijuana leaf design.
United States
24 Apr 2017
6
2017 Intellectual Property Law Year In Review
Though politics ruled the headlines in 2016, the year still brought big changes in intellectual property law and its application, most notably in patent subject matter eligibility, inter partes review institution and appeal and design patent damages.
United States
10 Feb 2017
7
FTC And DOJ Update Antitrust Guidelines For The Licensing Of Intellectual Property
On January 13, 2017, the Federal Trade Commission (FTC) and the Antitrust Division of the US DOJ issued updated Antitrust Guidelines for the Licensing of Intellectual Property (the Guidelines).
United States
24 Jan 2017
8
Termination Of Distribution Agreement Does Not Affect Licenses To Cloud-Based Access
After finding that a copyright infringement question analyzed by the district court was more properly a contract interpretation issue, the US Court of Appeals for the Second Circuit...
United States
5 Dec 2016
9
Arm's Length Royalty Rates Save Medtronic From $1.36 Billion Tax Deficiency
To prevent tax evasion and ensure that taxpayers appropriately allocate taxable income between related entities, intercompany agreements must be negotiated at arm's length.
United States
1 Aug 2016
10
No Waiver Of Forum Selection Clause Despite Filing Declaratory Judgment Action In Non-Selected Forum **WEB ONLY**
Wellogix and SAP entered into a license agreement to integrate the two companies' purchase-to-pay software functionalities for the oil and gas industry.
United States
8 Jul 2016
11
Most-Favored Licensee Entitled To Refund Of 99 Percent Of Lump Sum Royalty
The US Court of Appeals for the Fifth Circuit ruled that a most-favored licensee clause allowed a licensee that paid a lump sum of $70 million to be entitled to a refund when a subsequent licensee paid a lump sum of only $250,000.
United States
1 Jul 2016
12
Royalty Allocations For Royalty Pools Must Be Well Reasoned And Based On A Record
This appeal challenges a determination of the Copyright Royalty Judges for the years 2000 to 2003, with respect to an allocation of royalties within the devotional programming category.
United States
16 Oct 2015
13
Sublicensee's Purchase Of Licensee Not Prohibited Under The License Agreement
VDF FutureCeuticals owned trademark and patent rights in the name CoffeeBerry for coffee plant extract.
United States
11 Sep 2015
14
Delivering Architectural Plans May Create Implied License
Dan Wilson Homes (Wilson), a home construction company, hired Hunn Designs (Hunn) to complete architectural plans for four custom homes.
United States
10 Aug 2015
15
Ninth Circuit Is The First Appeals Court To Rule On RAND/SEP Licensing
In a decision written by Judge Marsha S. Berzon, a three-judge panel of the U.S. Court of Appels for the Ninth Circuit affirmed a first-of-its-kind district court judgment relating to royalty rates for standard-essential patents (SEP).
United States
5 Aug 2015
16
Music Streaming Rights Are Included In ASCAP's Licenses
ASCAP is a performing rights organization that represents almost half of all composers and music publishers in the United States.
United States
1 Jul 2015
17
Pre-Arbitration Injunction May Only Preserve Status Quo
The dispute arises out of a 1994 agreement between plaintiff Benihana America and defendant Benihana of Tokyo—two restaurant chains operating under the Benihana brand.
United States
9 Jun 2015
18
Licensees Not Required To Do Due Diligence Where Inventor Falsely Claimed Exclusive Ownership
The licensees entered into a licensing agreement with Safeblood for the exclusive rights to market certain patented technology overseas.
United States
13 Apr 2015
19
Federal Circuit Upholds PTO Refusal To Withdraw Unauthorized Terminal Disclaimer
Always get authority directly from the client before filing anything that fundamentally affects a client's rights.
United States
3 Feb 2015
20
Back To The Future—Supreme Court To Review Rule On Post-Expiration Patent Royalties
The question presented in Kimble’s petition is simply "Whether this Court should overrule Brulotte v. Thys Co."
United States
26 Jan 2015
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