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Another "buy" button lawsuit over digital licenses continues

43(B)log

2024 WL 1138906, No. 15, 2024) This putative class action alleged that Amazon overcharged and “[d]eceived consumers by misrepresenting that it was selling them Digital Content when, in fact, it was really only licensing it to them[.]” weekend was ruined because Amazon suddenly lost one license. 2:22-cv-00401-RSM (W.D.

Licensing 114
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Federal Circuit Weighs in on Temporal Rigidity of the Baye-Dole Act’s Licensing Provisions

Intellectual Property Law Blog

United States , [1] the Federal Circuit rejected a strict temporal limitation on when the Government’s license rights in patents stemming from federally funded research is triggered under the Bayh-Dole Act. The funding agency obtains a license to “subject inventions,” which is defined as “any invention. . . 35 U.S.C. §

Licensing 130
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License to Compete: Navigating the New Landscape of Intellectual Property in the Wake of the FTC’s Non-Compete Ban

JD Supra Law

1] Announced on April 23, 2024, following a 3-2 vote by the FTC Commissioners, the rule represents a significant policy shift aimed at increasing market competition and employee mobility. The Federal Trade Commission (FTC) has introduced a transformative rule that bans most non-compete agreements across various industries.[1]

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Videogame Maker Has Implied License to Depict Copyrighted Tattoos–Hayden v. 2K

Technology & Marketing Law Blog

The jury needed only 90 minutes to determine that the defendants had proven their implied license defense, ending the case. Due to the fact-specific nature of doctrines like implied licenses and fair use, it’s possible the Hayden and Orton jury verdicts are consistent with each other. Case citation : Hayden v. 2K Games, Inc. ,

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Two More Cases Compel Arbitration for Dubious Online Contracts (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Consumer Contracts (Tent. Many people think this is true.

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Read the Fine Print: Covenant Not to Sue “At Any Time” Terminated Upon License Expiration

JD Supra Law

Illustrating the importance of carefully drafting and reviewing language in a covenant not to sue, the US Court of Appeals for the Federal Circuit found that the plain language of a covenant permitted a licensor to sue a licensee for breach of contract only after termination of the contract. 28, 2024) (Lourie, Chen, Stoll, JJ.) (non-precedential).

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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.” 2-28-2024_2277625.