Posts Tagged: Contracts 101
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 “…
Software Development Agreement Not a Clear Conveyance of Patent Rights
Where a contractual assignment of patent rights is not unequivocal the contract cannot defeat standing at the pleadings stage in a correction of inventorship action. A contract …
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 …
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 …
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 …
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 …
How to Write Enforceable Non-Compete Agreements
One of the most egregious reasons that states make non-compete agreements (NCAs) unenforceable remains the broadness of the agreements that for all practical purposes bans an individual …
Employment Agreements: Employers Need To Pay Attention to Growing Government Activism
In the past, employers typically only needed to be concerned that confidentiality and non-compete clauses in their employment agreements may be challenged either by departing employees who …
Drafting a Licensing Agreement, a Patentee Perspective
Having an attorney draft a licensing agreement, or a licensing expert negotiate a licensing agreement, from start to finish is obviously the best way to proceed. But …
The Default Law of Joint IP Ownership
The popular media’s reports of the demise of IP rights (especially patents) are premature and greatly exaggerated. IP remains valuable to enterprises of all sizes and …
Fully Baking Joint IP Ownership into Collaboration Agreements
It seems the since-kindergarten, ingrained notion of sharing supersedes our B.S., M.S., J.D., Ph.D. and/or M.B.A. training in this respect! …
Don’t Complicate Things: Existence of a License Comes Down to the Terms of a Contract
In a case located at the intersection of bankruptcy and IP law, the Third Circuit ruled that, under the terms of a contract, Walt Disney Studios Motion …
