Posts Tagged: Licensing
Stand Up to the Attacks on Our Tech Transfer System
It’s hard to believe that, not too long ago, alliances between the public and private sectors were unheard of unless the government was picking up the …
The Fairness of FRAND: Patent Pools, SSO Policies and the Way Forward
Standard Essential Patents (SEPs), as the name suggests, are an essential set of patents used for the implementation of a standardized technology. This set of patents renders …
Copyright Holders Can Restrict Framing, Says CJEU
Copyright holders can require licensees to implement technical measures to prevent infringement, the Court of Justice of the EU (CJEU) has ruled in its latest decision on …
Federal Circuit Says Army’s Broad Approval Discretion in Trademark License Is Not at Odds with Trademark Law
In an appeal from the United States Court of Federal Claims (Claims Court), the United States Court of Appeals for the Federal Circuit (CAFC) last week affirmed …
Managing the Perils of Public IP Company Ownership
The movements of IP-centric business have never been easy to appreciate. With technology patent and licensing values slowly returning to higher levels, it is a good time …
Determining Essentiality: An Analysis of SEPs and Tips to Avoid Over-Declaration
A close examination of SEP databases reveals that a large number of patents that have been declared SEPs are not essential.... Patent owners are obliged to declare …
The New Madison Approach and the Harmonization of Antitrust and Patent Law: A Retrospective Summary
In a major 2018 speech, Justice Department Assistant Attorney General for Antitrust Makan Delrahim enunciated a “New Madison Approach” (NMA) (a tribute to James Madison’s support for …
Inhofe Bill Would Authorize Commerce to Penalize Chinese Companies that Withhold Wireless SEP Licensing Fees
Senator Jim Inhofe (R-OK) yesterday introduced the “Protecting American Innovation and Development (PAID) Act of 2021,” a bill that would give the U.S. Department of Commerce authority …
The Good, the Bad and the Missing: Findings from a Review of the Data on Granted Retroactive Foreign Filing Licenses
Since launching Petition.ai’s searchable database of publicly available patent petition documents filed with the United States Patent and Trademark Office (USPTO), the most searched petition …
Prosecution and Litigation Implications of Subsequent Patent Applications (Part IV)
In Part I of this series, the authors reviewed the law behind subsequent patent applications. In Part II, we reviewed the different types of subsequent applications. Part …
FRAND-Related Statements for Cellular Wireless SEPS: Implementer Obligations (Part V)
This is the fifth and final article in a series of articles analyzing statements made by various entities in the cellular industry regarding licensing Standard Essential Patents (…
Breaking the 5G Curve by Looking Beyond the U.S. Patent System
A wave of thousands of 5G Self-Declared Standard Essential Patents (SD-SEPs) applicable to everything from devices to network infrastructure is fast approaching. The value of these patents …
Damages for Patent Infringement versus FRAND Licensing Rates
During a recent panel discussion at IP Watchdog’s SEP 2020 Conference, a question arose as to the difference, if any, between a reasonable royalty for infringement of …
SEP Owner Obligations: Analyzing FRAND Statements for Cellular Wireless SEPS (Part IV)
This is the fourth in a series of articles analyzing statements made by various entities in the cellular industry regarding licensing Standard Essential Patents (SEPs) on a …
A Swing (and a Miss) at NIH Tech Transfer
How many people or organizations could undergo an exhaustive investigation into everything they've done over the past 30 years and emerge unscathed? That's what just happened to the …
