Posts Tagged: contracts


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 …

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 …

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

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 …
By Ariel Dubinsky
2 years ago 1

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
3 years ago 13

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 …
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 …

IP Strategies for Digital Health Products and Services: What Can You Protect in a Data-Driven World?

Disruptive innovation, like what we are seeing in the health care industry, often causes disruption elsewhere, and the legal landscape is no exception. The life cycle of …
By Maia H. Harris
4 years ago 0