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 “…
By Raymond Millien
1 year ago 1

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 …
By Will Deller
2 years ago 0

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 …
By Gene Quinn
2 years ago 2

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. …
By Brian O’Shaughnessy
2 years ago 3

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 …
By Jeremy A. Cubert
2 years ago 13

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 …
By Carlo Cotrone
3 years ago 0

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 …
By Derek Handova
3 years ago 1

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 …
By Gene Quinn
4 years ago 4

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 …
By Raymond Millien
4 years ago 1

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! …
By Raymond Millien
4 years ago 3

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 …
By Paige H. Forster
5 years ago 1