Posts Tagged: Royalties
Use of the Book of Wisdom in Reasonable Royalties
Courts consistently focus on the availability of non-infringing substitutes as of the date of the hypothetical negotiation. In most of the cases reviewed, the determination of available …
Musically Inclined: The Music Modernization Act of 2018
When Congress permitted sound recordings to be copyrighted over four decades ago, it didn’t extend that coverage to pre-1972 recordings. This issue, and the piecemeal nature …
Judge Denies Motions to Dismiss Fraud, Copyright Claims in ‘This Is Spinal Tap’ Lawsuit
In October 2016, the creators of the classic mockumentary film This Is Spinal Tap filed suit against a group of defendants including the French mass media conglomerate Vivendi …
Patent Valuation, Discount Rates and the Global IP Index
Suppose you are valuing a large patent portfolio with issued patents and pending applications in more than 20 countries throughout the world. One of your tasks would be …
How Do Musical Artists Get Paid When Skaters Use Their Songs at the Olympics?
The somewhat jarring Olympics tradition of juxtaposing athleticism and grace with instrumental versions of popular songs you might hear in the grocery store came to an end …
Largest Ever Copyright Royalty Board Ruling Transforms How Songwriters are Paid
Less than 48 hours before the 60th Annual Grammy Awards in New York City, the Copyright Royalty Board (CRB) ruled to increase royalty payments to songwriters and music …
Making Sense of the Federal Circuit’s Damages Opinions in Exmark and Finjan
Patent damages law is one of the most complex areas in patent law and it is constantly evolving. Attorneys and courts often confuse the principles and get …
Litigants May Not Use a DJ to Obtain Piecemeal Adjudication
The Federal circuit heard the case on AbbVie Inc. v. MedImmune Ltd. AbbVie and MedImmune entered a development and licensing agreement in 1995. The agreement stemmed from a …
Patentee Fails to Prove Equivalents did not Ensnare the Prior Art
Crafting a proper hypothetical claim is a prerequisite to whether a theory of infringement under the doctrine of equivalents would also ensnare the prior art. The burden …
In the Era of Spotify and Pandora Where Do ASCAP and BMI Fit?
In traditional music recording, artists have had to choose to license their music through major music industry organizations like ASCAP and BMI. In the age of streaming …
How New Musicians Can Protect Their Music’s Intellectual Property
It’s not just businesses and corporate environments that need intellectual property protection - artists of all kinds must protect their work too. Specifically, musicians have a …
Congressional Action Required: Post-Expiration Patent Royalties
Though much of today’s proposed patent legislation is controversial, removal of the Brulotte rule remains largely uncontested by analysts and has historically garnered support on both …
The Royalty Rate for a Subset of Standard Essential Patents – What Is Reasonable?
How can a patent that is deemed essential for a standard not be infringed in a product that implements that standard? One possible explanation could be that …
Kimble v. Marvel – Supreme Court quiets criticism of per se rule against post-patent royalties
The U.S. Supreme Court’s recent decision in Kimble v. Marvel Entertainment, LLC (2015) rejuvenates a 50-year-old rule that limits collecting patent royalties after a patent expires. …
