Posts Tagged: contract
Demystifying Legal Diligence in Tech Deals
You are about to strike a deal with an industry partner to develop an exciting new product. Or maybe you have identified the perfect opportunity to acquire …
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 …
Negotiating Your First Big Tech Software License
One of the critical moments in the life of a start-up tech company is landing its first big contract with a giant tech company. That first tech …
Desilu Studios Files Trademark Infringement Complaint Against CBS in California Federal Court
Manhattan Beach, CA-based entity Desilu Studios, Inc., filed a complaint alleging trademark infringement and other claims against New York City-based television and film production firm CBS Studios. …
Esports Sponsorship Agreements: What to Look Out For
Esports is a truly global phenomenon, with some analysts estimating worldwide viewership at approximately 300 million, potentially rising to 500 million by 2020. With so many eyeballs on esports – and …
Facebook ordered by Israeli Court to restore page shut down for selling camouflaged advertising
Facebook shut down the page 3 years ago after the owners of the page admitted that they sold camouflaged advertising. Facebook shut down the page without any prior …
What is a Confidentiality Agreement and Why are they So Important?
A Confidentiality Agreement, which is also known as non-disclosure agreement or simply as an NDA, is simply a contract between two or more parties where the subject …
Creators of This Is Spinal Tap sue Vivendi for $400M over breach of contract, declaratory judgment of copyright reversion claims
On Thursday, October 19th, the creators of the 1984 rock band mockumentary This Is Spinal Tap filed a second amended complaint against French mass media company Vivendi SA (…
Licensing and the Art of Preventive Negotiation: Minimizing Unintended Consequences
The art of preventive negotiation in a license agreement is not practiced solely by means of pen and paper (or word processor); but instead, starts much earlier. …
Federal Circuit Lacked Jurisdiction Over Claims that Assignment Agreement was Invalid
Inselberg and Interactive filed a motion to dismiss Bisignano and First Data’s declaratory judgment claims and state court counterclaims, and moved to remand the action to …
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 …
What Will Not Work to Protect Trade Secrets or Enforce Non-Competes in California
Employers should think twice before including the unenforceable provisions in employment contracts merely for their deterrent effect. Such a practice is risky. If an employer terminates an …
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 …
Revisiting the Standard NDA After ZeniMax v. Oculus
ZeniMax offers useful insights for enterprises seeking to maximize the benefits of NDAs while minimizing the time and effort needed to negotiate them... Most technology enterprises are …
