The IPKat

JULY 5, 2021

Settlement, after all, means both parties have to make compromises and with a cloak of confidentiality, the questions and issues remain and we will have to wait a bit longer for clarity on questions relating to licensing of standard essential patents (SEPs). But standards systems are complex and no one pretends they work perfectly.

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Licensing Settlement IP Social Media 52

Technology & Marketing Law Blog

JUNE 22, 2023

Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. The bill contemplates that the royalty amounts will be set by an “arbitrator” who will apply baseball-style “arbitration,” i.e., the valuation expert picks one of the parties’ proposals.

Journalism 89

Journalism Social Media Publishing Government 89

Kluwer Copyright Blog

NOVEMBER 20, 2022

This being said, also in this second scenario as in the first, third parties willing to use and/or reproduce artworks located in a cultural institution will still need to get in touch with the respective care-taker entity, so as to verify whether any license agreement is in place.

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Artwork Public Domain Art Copyright 56

Trading Secrets

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. Moreover, it applies retroactively to such transactions so parties to the transaction may not get the benefit of their bargain.

Confidentiality 52

Confidentiality Litigation Business Law 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

The Director’s review of a final written decision may be initiated sua sponte or requested by a party free of charge. Likewise, as with rehearing, the interim procedures do not reserve briefing for the non-requesting party. But if a panel grants rehearing, a party may request review of the rehearing decision. Paper 12 at 15).

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LexBlog IP

JUNE 28, 2023

6) Any previous contracts with third parties that granted a licence to exploit the intangible asset and that the beneficiary may have concluded in the past – before the act of infringement – are crucial for this calculation. The A & K Metaxopoulos & Partners Law Firm website can be accessed at www.metaxopouloslaw.gr.

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Copying Copyright Law Copyright Editing 52

Technology & Marketing Law Blog

AUGUST 30, 2021

So why were the two parties still fighting about California law, after enactment of the federal legislation? On the eve of trial in the California action, the parties announced they had reached a contingent settlement. That gave the parties 74 million reasons to continue fighting in each of the three states. The Tide Turns.

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Blogging Copyright Settlement Music 83

LexBlog IP

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. Moreover, it applies retroactively to such transactions so parties to the transaction may not get the benefit of their bargain.

Confidentiality 52

Confidentiality Business Intellectual Property Law 52

LexBlog IP

APRIL 3, 2023

The Court here ruled that Ericsson had made a prima facie case it will prevail, and further ordered that Intex must pay 100% of the royalty while the case was pending (not just 50%). ” The Court considered the parties’ negotiation conduct to be a key factor. Ericsson argued that, under the 2015 EU decision in Huawei v.

Licensing 52

Licensing Technology Intellectual Property Patent 52

LexBlog IP

NOVEMBER 11, 2022

Robles , provides a textbook example of how NOT to respond to a cease-and-desist letter from your former employer’s lawyer (the emojis below were attached as an exhibit to the complaint): Having prevailed before the U.S. Maxwell Goss also has an earlier post this year on the same topic that was published by The Michigan Law Journal.

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Cease and Desist Journalism Blogging Government 40

43(B)log

FEBRUARY 4, 2023

Risk of strategic litigation; most restrictive jurisdiction prevails, leading to race to the bottom. Maybe we should mind, because the result is that creators working in unfamiliar topics and genres are being held to a different standard. Importance of genre: courts often quote “standard in the treatment of a given topic.”

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Copyright Fair Use Privacy Derivative Work 59

LexBlog IP

JANUARY 17, 2022

Topics and speakers. In this break-out session, Henderson Franklin attorneys will examine ways to address potential issues contractually before they arise, contractual dispute resolution provisions, options for alternate dispute resolution, and offer practical guidance should your business become a party to a lawsuit.

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Registration Contracts Business Intellectual Property 52

Copyright Lately

APRIL 19, 2022

Conversely, parties which have been on the losing side of the transformative use inquiry have rarely prevailed on the overall fair use analysis. Some circuits have rates as high as 100%: When courts find that a use is transformative, they nearly always find that the use is fair (and vice-versa). Away From Transformative Use?

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Fair Use Art Copyright Social Media 78

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., See Figure 2.) In opposition, AbbVie argued that (1) Alvotech hf.

Litigation 52

Litigation Settlement Patent Marketing 52

Technology & Marketing Law Blog

JUNE 20, 2023

Both parties were no doubt concerned about AWF’s sales of the 16 originals and past and future licensing of reproductions of the Prince Series, but a sincere apology and good-faith negotiations may have resulted in a win-win situation for all concerned. Barton Beebe’s empirical work on this topic. In the first, Sony Corp.

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Fair Use Derivative Work Blogging Licensing 95