Patently-O

FEBRUARY 29, 2024

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.

Licensing 52

Licensing Contracts Patent Law Patent 52

JD Supra Law

FEBRUARY 19, 2024

Universities often out-license patents protecting inventions created using federal funding to private companies including many startups. universities and academic institutions rely heavily on federal grants to fund their research and generate innovations in life sciences. By: Goodwin

Contracts 65

Contracts Invention Licensing Patent 65

Patently-O

MAY 26, 2024

The disclosure requirement is triggered when a “claimed invention” is “based on” the GR or TK. ” In this final version, the disclosure requirement was significantly weakened — an earlier draft would have required disclosure if the GR/TK was “material to development of the claimed invention.”

Intellectual Property 63

Intellectual Property Invention Contracts Patent Application 63

IP Law 360

NOVEMBER 29, 2022

Merck Sharp took Johns Hopkins University to federal court in Maryland on Tuesday over claims that the university secretly obtained patents for inventions based on a collaborative clinical study treating cancer patients with Merck Sharp's Keytruda drug and funding, and then licensing the patents to others in violation of their contract.

Contracts 98

Contracts Invention Licensing Patent 98

Patently-O

MAY 1, 2024

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.,

Licensing 55

Licensing Patent Ownership Patent Infringement 55

SpicyIP

JUNE 28, 2023

Simply put “march-in” rights would allow the government to take control of the IP rights of inventions owned by private companies if those inventions have been funded by public money through grants from the government or through licensing agreements with government R&D institutions.

Government 98

Government Invention Contracts Intellectual Property 98

Plagiarism Today

DECEMBER 13, 2022

The case is now heading to the Supreme Court, where Genius is arguing that the Second Circuit went against most other circuits and Google argues that Genius is trying to use a contract to invent a new right. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Settlement 180

Settlement Plagiarism Reporting Licensing 180

Intellectual Property Law Blog

MARCH 13, 2024

Patents The Report discussed in section IV: (i) the use of NFTs to manage registration, ownership, and licensing of patents; and (ii) how current patent laws apply to NFT-related inventions. We also recommend that issuers ensure that there is a valid contract by requiring some form of affirmative acceptance by the purchasers.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

The IPKat

JANUARY 27, 2023

In this 650-paragraph judgement , the court ruled that students can in certain situations be “consumers” vis a vis the university under the Unfair Terms in Consumer Contracts Regulation 1999/2083) (UTCCR). In Oct 2013, Mr. Jing commenced his DPhil studies (PhD equivalent), signing a contract which included the University’s IP Provisions.

Inventor 98

Inventor IP Contracts Invention 98

LexBlog IP

MAY 16, 2023

Parties entering into patent transactions involving existing (or potential future) EPs should consider the impact of the UPS on their contracts and licences. In some cases, time may be of the essence in implementing the desired actions, so ensure the contract reinforces this through tight deadlines and timing covenants.

Contracts 52

Contracts Patent Designs Design 52

43(B)log

APRIL 29, 2024

17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. The Cube file was provided under a Creative Commons, non-commercial, no derivatives license. The breach of contract claim survived. Thingiverse cube Kitchen Cube made and sold copies of the Cube.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

LexBlog IP

DECEMBER 11, 2023

More strikingly, it allows government agencies to license the patents of these drugs to other parties if the original cost is deemed excessively high. Before the Bayh-Dole Act, the government would often claim ownership of any invention developed with its support, leading to many innovations languishing undeveloped.

Government 52

Government Invention Licensing Ownership 52

Patently-O

MAY 2, 2022

The “on sale bar” prohibits patenting an invention that was placed “on sale” prior to the application being filed. 126 (1877) (delay excused by “bona fide effort to bring his invention to perfection, or to ascertain whether it will answer the purpose intended”). ” Pfaff v. Wells Elecs., 55 (1998).

Invention 82

Invention Contracts Licensing Inventor 82

The IP Law Blog

MARCH 30, 2023

For example, they can increase the value of a business, provide an advantage over competitors, and serve as a source of income through licensing. Further, anyone holding rights in the invention must also qualify as a small entity. Patents offer many advantages to individuals and companies.

Business 98

Business Inventor Patent Licensing 98

LexBlog IP

AUGUST 16, 2023

IP Ownership Nearly all purchase agreements require the seller to warrant that it owns or licenses the intellectual property necessary for operation of the business. Licenses A buyer’s legal counsel will review every material contract of a company and look for issues that may occur after close.

Due Diligence 52

Due Diligence IP Intellectual Property Ownership 52

LexBlog IP

OCTOBER 24, 2022

Under typical Phase 1 contracts with the Department of Defense (DoD), such as the Air Force Research Lab (AFRL), default ownership of domestic and international intellectual property rights belong to the Contractor. The inventor of the invention and the corresponding contract number that the agreement was conceived under.

Intellectual Property 52

Intellectual Property Invention Contracts Patent Application 52

IPilogue

SEPTEMBER 9, 2022

Four Tet had signed with Domino in 2001 ; a time where CDs were still popular and long before the invention and popularization of music streaming. In this contract, it was stipulated that for licences, he would be paid a royalty rate of approximately 50%, but for a sale, such as the sale of a CD, he would be paid a royalty rate of 18%.

Music 104

Music Intellectual Property Contracts Settlement 104

Technology & Marketing Law Blog

AUGUST 24, 2023

And while their terms of use provide the social media companies a license to use that user-generated content, it is their users who typically have a copyright interest in their content. Now, the primary vehicle to stop web scraping is with breach of contract claims. It’s user-generated content. In the end, it was a pyrrhic victory.

Blogging 96

Blogging Contracts Intellectual Property Social Media 96

SpicyIP

JULY 25, 2023

In both disputes, Justice Vibhu Bakhru of the Delhi High Court (DHC) had ordered that the Competition Commission of India (CCI) can intervene in patent licensing disputes under Sections 3 and 4 of the Competition Act – first in 2016 ( Ericsson v. That’s been the central bone of contention in two big disputes for almost a decade now.

Patent 98

Patent Licensing Invention Marketing 98

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. The court also held that the coders did not have standing to seek damages, but they did have standing to pursue injunctive relief. Complaint at 2.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

Dear Rich IP Blog

APRIL 7, 2023

Our favorite negotiation text Dear Rich: I’ve been negotiating a license agreement with a company that specializes in branding cleaning products for supermarket and boxstore chains. That may bind them regardless of the intent to later draft a more comprehensive licensing agreement.

Contracts 52

Contracts Licensing Invention Branding 52

The IPKat

SEPTEMBER 12, 2022

These measures included export controls and compulsory licenses (e.g., many countries prepared their legislation for compulsory licenses). IP intervenes to alleviate this risk and incentivize invention. Thus, the question was raised as to the role of IP in those inventions which were supported by government funds.

IP 91

IP Reporting Contracts Licensing 91

The IPKat

JUNE 29, 2022

Back in 2021, the UK IPO undertook a consultation on AI and IP covering: copyright in works made by AI; text and data mining using copyright material; and patents for inventions devised by AI. Licensing or exceptions to copyright for text and data mining (TDM), which is often significant in AI use and development.

Government 136

Government Copyright IP Invention 136

Intepat

DECEMBER 4, 2023

Patents enable the establishment of a strong market presence and revenue generation through licensing as well. Patents not only prevent others from patenting the same invention globally, ensuring exclusivity, but they also strengthen a company’s market position by reducing competition and entry barriers.

Patent 52

Patent Intellectual Property Ownership Invention 52

LexBlog IP

MARCH 30, 2023

For example, they can increase the value of a business, provide an advantage over competitors, and serve as a source of income through licensing. Further, anyone holding rights in the invention must also qualify as a small entity. .”; Patents offer many advantages to individuals and companies.

Business 52

Business Inventor Patent Licensing 52

Intepat

JUNE 19, 2023

Things to Keep in Mind Maintaining Secrecy – Only inventions and designs which are not previously disclosed can be registered for patents and industrial designs. Further, such sale may also conflict with the existing licensing agreements with regard to the concerned intellectual property, should there be any.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

LexBlog IP

AUGUST 30, 2022

In virtually all trade secret cases, there is a written agreement at the center of the dispute–a restrictive covenant, or a non-disclosure agreement (NDA), or an inventorship agreement or a licensing agreement–that should determine the obligations, if any, of the parties over the information at issue.

Contracts 52

Contracts Invention Ownership Law 52

Patently-O

JANUARY 16, 2022

Blake Brittain: SCOTUS Okays Medtronic’s $112 Million Loss in Patent Contract Case (Source: Reuters). Swanson: Inventing While a Black Woman: Passing and the Patent Archive (Source: SSRN). Jonathan Barnett: The Economic Case Against Licensing Negotiation Groups in the Internet of Things (Source: SSRN). Glicksman and Prof.

Patent 68

Patent Journalism Contracts Patent Application 68

Patently-O

JANUARY 19, 2024

The decision is lacking though because the court does not ground its decision in any particular contract or property tradition. Although it states that the invention rights “shall be the property” of the employer, it does not include any language spelling out an automatic assignment of rights. ” Brian Barnett.

Inventor 68

Inventor Ownership Contracts Intellectual Property 68

Kluwer Copyright Blog

MARCH 16, 2022

The consultation sought views on the prospects for facilitating patent and copyright protections for “inventions and creative works which are made by AI”, and for making easier the use of copyright-protected material by AI in innovation and research, through alternative approaches to licensing and text and data mining (TDM) exceptions.

Licensing 93

Licensing IP Intellectual Property Intellectual Property Law 93

IP and Legal Filings

JUNE 16, 2021

It is important to understand the ownership or possession of IP in case of any such contract with a third party. If there is any contract with the third party for the development of any IP, the parties must be clear with the terms. The terms of open source must be made very clear as per the open-source licensing.

IP 84

IP Ownership Registration Licensing 84

LexBlog IP

MARCH 13, 2024

Patents The Report discussed in section IV: (i) the use of NFTs to manage registration, ownership, and licensing of patents; and (ii) how current patent laws apply to NFT-related inventions. We also recommend that issuers ensure that there is a valid contract by requiring some form of affirmative acceptance by the purchasers.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

Dragons' Den

FEBRUARY 9, 2024

View the IP Basics toolkit through this link: IP Basics toolkit A breath of fresh air Dancing into the Den, Will from York pitched his invention, ‘Inhaler Tailor’. License to be mindful Denise and Ciaran have already found success globally with their colourful mindfulness range. Did you enjoy this episode?

Blogging 52

Blogging IP Designs Design 52

LexBlog IP

AUGUST 1, 2021

Unpacking the Importance of the Claimed Invention from Other Commercial Components. In order for the objective evidence of secondary considerations to be afforded substantial weight, however, the patentee must establish a nexus between the evidence and the merits of the claimed invention. Proppant Express Investments , No.

Invention 52

Invention Contracts Licensing Patent 52

IP and Legal Filings

MARCH 9, 2022

These rights have the sole purpose and that it so protects and confer the creation or an invention specific to a certain period. Trademarks- as the patents protect the inventions, trademarks refer to the unique symbols and phrases used by an organization helping them to distinguish from the others in a competitive market.

Ownership 72

Ownership Copyright Trademark Contracts 72

The IPKat

DECEMBER 14, 2023

January: The year kicked off in Tanzania with the news that the Parliamentary Standing Committee in Tanzania received a report from the Ministry of Culture, Arts and Sports addressing its efforts to review and improve the loopholes found in the Copyright Licensing and Rights to Benefit from Re-Sale Regulations, 2022.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

The IP Law Blog

JANUARY 12, 2023

A company should always be aware of any new inventions under development, and it is good practice to investigate the status of any inventions developed by company employees during the past year. Such inventions may be protectable under federal patent laws.

IP 98

IP Intellectual Property Social Media Cease and Desist 98