Posts in Licensing
Let No Good Deed Go Unpunished—The Tale of a COVID-19 Breakthrough
The lead story in last weekend’s Wall Street Journal made an exciting announcement: “Merck Covid-19 Pill Cuts Risks of Hospitalizations and Death”: "Merck & Co. and its …
Roblox is Latest Online Platform to Settle NMPA Copyright Claims with Collaborative Music Licensing Agreement
On September 27, the National Music Publishers’ Association (NMPA) and online game platform provider Roblox announced that the two parties had settled ongoing copyright litigation in the Central …
The Role of Standard-Essential Patents for the Auto Industry
Most market experts predict dramatic changes in the auto industry because of shifting consumer preferences, new business models and emerging markets. The sector also looks set to …
Allegedly ‘Late’ Disclosure of IP Rights to ETSI Does Not Make Patents Unenforceable in the U.S. or UK
Two recent court decisions in the United States and the United Kingdom, respectively, have considered (i) the disclosure obligation pursuant to Clause 4.1 of the European Telecommunications Standards …
O’Malley Splits from Majority in CAFC Denial of Mandamus to Stop IPR Institution on Patents Subject to Arbitration
The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued an order denying MaxPower Semiconductor, Inc.’s appeal and Petition for Writ of Mandamus …
The Market For IP-Based Financial Offerings Is Finally Maturing
Intangibles, and particularly intellectual property, are curious assets. By some estimates, intangibles comprise a large overall percentage of the S&P 500’s total value. Yet – as most …
Patent Damages Laws Regarding Apportionment are Inapplicable to Breach of Contract (FRAND) Claims
In a previous article, we discussed the difference between a reasonable royalty for patent infringement and a FRAND licensing rate, both in terms of their origins and …
Fifth Circuit Affirms Texas Court’s Judgment that Ericsson Complied with FRAND Obligations
The U.S. Court of Appeals for the Fifth Circuit today affirmed an Eastern District of Texas court’s judgment for Ericsson, finding no error in the …
A Pandemic Can’t Stop Bayh-Dole—But Politicians Might
What would you say about a technology commercialization system that kept on performing even through the worst pandemic in over a century? How about if it improved …
Biden Executive Order’s Approach to SEPs Sells Out American Small Businesses and Innovators
President Joe Biden’s recent executive order was billed as “promoting competition in the American economy,” but is a prime example of why one should always read …
HEVC Royalty Stacking and Uncertainty Threaten VVC Adoption
he Versatile Video Coding standard (VVC), finalized in 2020, is now entering a fragmented, multi-codec market. However, VVC’s adoption is uncertain in the face of competitive video …
Don’t Go Down the Rabbit Hole with the Foes of Bayh-Dole
Sensing an opening after the Biden Administration’s recent Executive Order put a hold on a pending regulation prohibiting the misuse of the march-in rights provision of …
CAFC Holds Bylaws Failed to ‘Effectuate Present Automatic Assignment’, Thwarting Apple’s Attempt to Dismiss Infringement Suit
On August 2, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the U.S. District Court for the Northern District of California’s denial …
Updates to Olympic Charter Rule 40: Impact of Name, Image, Likeness Changes for Tokyo Games
“Name, Image, Likeness” rights, the term commonly used to designate rights covered under right of publicity law, has been a popular and trending term thus far in 2021, …
Drilling Down on Criticism of Top-Down Approach to Determining Essentiality
Last week, an article was published on the Social Science Research Network (SSRN) website by Matteo Sabattini, who is the director of IP Policy at Ericsson. SSRN …
