Posts Tagged: Contract Law


CAFC Emphasizes the Importance of Contract Principles in Arbitrability Determination

On November 12, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the decision of the U.S. District Court for the Northern District of …
By Logan Murr
18 days ago 0

The Use of ‘For the Avoidance of Doubt’ in IP License Agreements: Please Stop!

The phrase “for the avoidance of doubt” must be a Microsoft Word shortcut that comes standard in some legal IT package. Why do we say that? Well, …

CAFC Says Forum Selection Clause in NDA Does Not Apply to Inter Partes Review

The U.S. Court of Appeals for the Federal Circuit (CAFC) today held in a precedential decision authored by Judge Chen that a non-disclosure agreement’s (NDA’…
By Eileen McDermott
2 months ago 1

Former Employee Does Not Have to Assign Inventions to Covidien, First Circuit Says

Last week, the U.S. Court of Appeals for the First Circuit affirmed a district court ruling denying a request for declaratory judgment by Covidien LP and …
By Butch Laker
8 months ago 1

Reverse Engineering and the Law: Understand the Restrictions to Minimize Risks

Fundamental to building and executing any successful patent licensing program is the ability to find and prove evidence of infringement, often through reverse engineering methods. A product …
By Rahul Vijh
8 months ago 1

Federal Circuit Says Army’s Broad Approval Discretion in Trademark License Is Not at Odds with Trademark Law

In an appeal from the United States Court of Federal Claims (Claims Court), the United States Court of Appeals for the Federal Circuit (CAFC) last week affirmed …
By Rebecca Tapscott
9 months ago 0

Don’t Let the Pandemic End Your Startup: Tips for Shoring Up Agreements Among Business Partners

Starting your own business is exciting. Finding the right partner to share the same vision is vital for the company’s future success. However, people don’t …
By Louis Lehot
1 year ago 0

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
2 years ago 3

Contracts 101: Covenants, Representations and Warranties in IP License Agreements

It continually amazes me that many business folks who negotiate tons of IP license agreements, fail to understand the difference between covenants, representations, and warranties that are “…
By Raymond Millien
3 years ago 1

Federal Circuit to decide if licensing agreement can prevent validity challenge at PTAB

The Federal Circuit has agreed to expeditiously hear an appeal from Dodocase VR, Inc. v. Merchsource, LLC No. 17cv7088 (N.D. Cal.) (“Dodocase”) in which the district …

Securing Ownership Rights in Patents in the Real World

The basement inventor is increasingly rare, although I am old enough (and lucky enough) to know several. Invention in the “real world” is often a messy, team …
By Jeremy A. Cubert
4 years ago 13

Toronto Real Estate Board Dispute Shows Awkwardness of Copyright Protection for Databases

Legal protection for databases in Canada is, perhaps surprisingly, a little convoluted. In some jurisdictions, unique database rights have been legislated (e.g. the EU). This is …
By Robert Tremblay
4 years ago 0

California Non-Competes: Things You Can Do ‘Around the Edges’

There are not many things an employer can do to prevent unfettered competition by a former employee. B&P Section 16600 states that “every contract by which anyone …

Is There Such a Thing as “Entertainment Law”?

A lot of law students and young attorneys aim to get into the field of “entertainment law.” Today, entertainment law is more of a combination of contract …
By Amanda G. Ciccatelli
4 years ago 1