article thumbnail

Covenant to not sue “at any time” terminated with the license agreement

Patently-O

provides a lesson into the importance of carefully drafting—and understanding—the scope of licensing terms, especially covenants not to sue. Background In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.” MasterCard Intl.

article thumbnail

Post-Default Creditor’s Right to Assign, License and Enforce Patent does not Disturb Patentee’s Separate Right to Sue Infringers

Patently-O

May 1, 2024) offers some interesting insight into leveraged patent transactions, and the effect of a lender’s ability to license or assign a patent on the patent owner’s standing to sue for infringement, especially after default. Zebra Techs. 2022-2207 (Fed. ” IT sued Zebra for infringement in the W.D.Tex.,

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Reviving the Permanent Injunction Inquiry: Federal Circuit Rejects a Categorical Rule Against Injunctions for Licensing Patentees

Patently-O

requires a case-by-case analysis of irreparable harm and the other injunction factors, even when the patentee’s business model relies on licensing revenue rather than direct competition in practicing the patents. However, the decision may well be seen simply as distinguishing between exclusive and non-exclusive licensing approaches.

article thumbnail

3 Count: ACTing Fast

Plagiarism Today

According to the lawsuit, ACT and WIN were partners for nearly 15 years before their partnership ended in 2011. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License. However, Exotic continues to maintain his innocence and says he is seeking a new trial.

article thumbnail

China Now Files 3X as Many Patent Applications Worldwide as the U.S. – More than the U.S., Japan, S. Korea, Germany, France, India and the UK Combined

IP Close Up

Since China became worldwide leader in patent applications in 2011, overtaking Japan, the number of its applications have soared. The question today is not so Continue reading

article thumbnail

3 Count: Unicolors Redux

Plagiarism Today

The lawsuit was filed by Unicolors, which accused H&M of infringing a 2011 design that they created as part of a 2015 one H&M sold in their stores and online. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License. Artikal Sound System has not responded to the motion.

article thumbnail

Revoke this, I implied. Or something.

Likelihood of Confusion

Only a real IP lawyer like Pamela Chestek can write about revoking an implied nonexclusive copyright license. Originally posted 2011-03-24 17:58:18. And mean it. Republished by Blog Post Promoter The post Revoke this, I implied. Or something. appeared first on LIKELIHOOD OF CONFUSION™.