article thumbnail

Another "buy" button lawsuit over digital licenses continues

43(B)log

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[.]” The court disagreed: there’s a plausible difference in value between owning outright versus purchasing a revocable license.

Licensing 114
article thumbnail

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
Insiders

Sign Up for our Newsletter

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

article thumbnail

Types of Intellectual Property Contracts

Intepat

Intellectual property rights may be established, protected, or granted to another party by contracts or agreements. Considering that the subject matter is so complex, the law regarding contracts is usually handled by lawyers who specialize in it.

article thumbnail

KPN Wins $287M Jury Verdict In Contract Beef With Samsung

IP Law 360

A Texas state jury has awarded $287 million to Dutch telecommunications company Koninklijke KPN in a contract dispute with Samsung Electronics Co., finding that Samsung breached a license agreement by refusing to pay for using a KPN patent, according to the verdict form.

article thumbnail

Technology Contracts: An Overview

JD Supra Law

The use, distribution, and licensing of software and technology are commonly governed by legal terms both to protect the software or technology owner intellectual property (IP) rights and to allow another permission to use or otherwise exploit the IP. By: Venable LLP

article thumbnail

Patent Damages Laws Regarding Apportionment are Inapplicable to Breach of Contract (FRAND) Claims

IP Watchdog

case number 19-40643: are patent laws regarding what constitutes a reasonable royalty applicable to questions of compliance with FRAND-related contractual obligations? Despite these differences, we noted that these two concepts have often been treated interchangeably by courts, often leading to confusing results. Telefonaktiebolaget LM et al.,

Contracts 119
article thumbnail

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. More details from Bloomberg Law. 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.