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 …
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’…
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 …
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 …
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 …
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 …
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 …
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 “…
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 …
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 …
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 …
