Posts Tagged: Licensing
District Court Denies FRAND Breach of Contract and Sherman Act Summary Judgment Motions by ASUS and InterDigital
In a decision published in redacted form on January 29, Judge Beth Labson Freeman of the Northern District of California denied ASUSTek Computer Inc.’s and ASUS Computer …
Mission Product Oral Argument Promises Certainty on Long Unresolved Question
Mission Product Holdings v. Tempnology was argued last week at the Supreme Court and seeks to solve a circuit split regarding the effects of bankruptcy proceedings on …
Don’t Miss the Big Picture: What Companies Get Wrong When It Comes to IP Strategies
Yesterday’s IPWatchdog webinar, “How to Evolve Your IP Strategy Over Time,” focused on the trouble companies—both large and small—can run into when they don’…
Mission Product: SCOTUS Appears Skeptical That Bankrupt Licensor’s Rejection of Trademark License Means Licensee Can’t Use the Mark
On Wednesday, February 20, the U.S. Supreme Court heard oral arguments in Mission Product Holdings, Inc. v. Tempnology, LLC, where the Court was asked to address one …
Standard Essential Patents: The Myths and Realities of Standard Implementation
Standard Essential Patents (SEPs) are patents that are unavoidable for the implementation of a standardized technology. They represent core, pioneering innovation that entire industries will build upon. …
Freedom to Operate and the Interplay of Patent and Regulatory Exclusivity for Life Sciences
While part one of this two-part series on intellectual property (IP) due diligence focused on a life science company’s own IP portfolio, part two will address …
Happy Birthday, Senator Birch Bayh
Hopefully, you've been fortunate enough—at least once in your life—to work for someone you really admired. That happened to me as a Senate Judiciary Committee …
Copyright Office Seeks Mechanical Licensing Collective Members
The U.S. Copyright Office recently published a Notice in the Federal Register regarding Title I of the Orrin G. Hatch - Bob Goodlatte Music Modernization Act (…
The IP Counselor’s Checklist for Adding Value During Patent Prosecution
As the new year begins, I’ve been reflecting on what makes patent practitioners highly valuable to their clients. In a prior IPWatchdog article, I asserted that …
FTC v. Qualcomm: Court Requires Licensing of Standard Essential Patents to Competitors
The Qualcomm decision is unique in that it appears to be the first decision to require a SEP holder to license its patented technology to its competitors, …
Licensed to Thrive: A Due Diligence Roadmap for Would-Be Software Licensors
When it comes to gathering information prior to settling on a prospective licensee, less is certainly not more. For this reason, companies angling to license software must …
A Patent Dream Come True
The US Patent Office – of which the PTAB is a part – issues patents. That’s why it exists. So if the PTAB finds an error in a …
Universities: Fallen Angels or Stewards of Bayh-Dole?
University discoveries are recognized as critical national assets because Bayh-Dole gave academic institutions the ability to own and manage inventions made with federal funding. The law helped …
Is NIST Listening? Bayh-Dole is a Model for Federal Tech Transfer Improvement
It would be a tragic mistake to blame federal tech transfer underperformance on Bayh-Dole. Bayh-Dole needs no amending. Bayh-Dole demonstrates how secure patent rights are the lynchpin …
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 “…
