Posts in Licensing


WHO’s C-TAP Initiative Pushes for Non-Exclusive Global Licensing Amid Pharma Industry Concerns

On Friday, May 29, the World Health Organization (WHO) officially launched the COVID-19 Technology Access Pool (C-TAP), an initiative which is intended to improve access to treatments, vaccines …
By Steve Brachmann
4 days ago 2

Patent Rights and Wrongs in the COVID-19 Pandemic: EU and U.S. Approaches to Compulsory Licensing

As governments around the globe fight the COVID-19 outbreak, pharmaceutical companies race to develop a vaccine and potentially secure a patent for it. To speed the process, …

Golden v. United States Shows That the Federal Circuit Overstepped Its Bounds in Celgene

Last week, in Golden v. United States, the Federal Circuit again rejected the argument that the cancellation of a patent in an America Invents Act (AIA) post-grant …

The Impact of COVID-19 on IP Contracts

The global coronavirus (COVID-19) pandemic is disrupting industry on an enormous scale, and its effects are likely to be significant and long-lasting. In response to shelter-in-place orders …

Your Licensees’ Patent Marking Program is Also Your Concern

As an in-house IP attorney, you may take comfort in knowing that your patent marking program is thorough, well-established, and properly executed. You have standardized procedures to …
By McCord Rayburn
2 months ago 0

Innovators Rush to Solve Coronavirus Pandemic While Countries Contemplate Compulsory Licensing

Since China announced the first fatality caused by a virus about which little was known at the time, coronavirus and the disease it causes, COVID-19, has grown …
By Steve Brachmann
2 months ago 2

Antitrust and Patents: A Conversation with Makan Delrahim

Last week, as a part of the Virtual Patent Masters™ Program hosted by IPWatchdog, I had the opportunity to interview Makan Delrahim, who is Assistant Attorney General …
By Gene Quinn
2 months ago 0

Everything Depends on Coronavirus R&D Partnerships—Don’t Let the Critics Wreck Them

The world is teetering on the brink of a public health and economic catastrophe, depending on emergency partnerships between our public and private sectors to develop a …
By Joseph Allen
2 months ago 41

Protecting Contracts in the Age of COVID-19: ‘Material Adverse Change’ Clauses

As outside general counsel to over 150 emerging growth companies in recent years, as well as to their venture capital and growth equity investors, and as someone who …
By Louis Lehot
3 months ago 3

Mad Dash to Coronavirus Vaccine May Face Legal Hurdles

Almost a third of the recently signed $8.3 billion bill to fund the United States response to the coronavirus outbreak is devoted directly to vaccine research and development. …
By Joel Wallace
3 months ago 5

Don’t Undermine the Policies Most Likely to Solve the Coronavirus Crisis

To say that the world's been deeply shaken by the coronavirus (and the disease it causes, known as COVID-19) is no exaggeration. Our stock market has plunged, …
By Joseph Allen
3 months ago 2

Anticompetitive or Hyper-Competitive? An Analysis of the FTC v. Qualcomm Oral Argument

On February 13, the Ninth Circuit heard oral argument in the FTC v. Qualcomm case. Counsel for Qualcomm and the Federal Trade Commission (FTC) argued primarily about whether …
By Kristen Osenga
3 months ago 0

Let the Music Play: The Performance Rights License Marketplace Thrives Only with Vigilant Antitrust Enforcement

On January 26, CBS broadcast the 63rd Annual Grammy Awards, which celebrated America’s finest recording artists and songwriters. Drawing a global audience with performances by super stars …
By Sue Ghosh Stricklett
4 months ago 0

Innovators Brace for Ninth Circuit Oral Arguments in FTC v. Qualcomm

The U.S. Court of Appeals for the Ninth Circuit is set to hear oral arguments tomorrow in the closely-watched case of FTC v. Qualcomm, which will …
By Eileen McDermott
4 months ago 1

Clearing Up Confusion on SEPs: A Line-by-Line Response to a Problematic Essay

I recently became frustrated after reading an essay in the AIPLA newsletter by an attorney with Taft Stettinius & Hollister LLP on the topic of the new USPTO-DOJ-NIST …
By Theodore Essex
4 months ago 1