Searching Content indexed under Licensing & Syndication by Finnegan, Henderson, Farabow, Garrett & Dunner, LLP ordered by Published Date Descending.
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Fed Circuit Rules That Voluntary Dismissal Of Related Appeals Leads To Issue Preclusion
In Papst Licensing GMBH & Co. KG, v. Samsung Electronics America, Inc., No. 2018-1777 (Fed. Cir. May 23, 2019)
United States
12 Jun 2019
What You Should Know About Contributor License Agreements In Open Source Projects
It is not unusual for a commercial software package to consist of millions of lines of code, with customized software combined with preexisting software, such as libraries, interfaces,
United States
21 May 2019
Expert Opinions On Reasonable Royalties Must Have A Basis For Comparison To Licenses On Which They Rely And Tie Them To The Facts Of The Case
A Delaware court refused to consider expert opinions on a reasonable royalty for patent infringement that relied on licenses that were not economically comparable
United States
1 Apr 2019
A UK Government's Guidance If No Deal On Brexit Can Be Struck
Whilst the negotiations with the EU to reach an agreement over Brexit are still in progress, as the exit date approaches the UK Government has taken action to accelerate preparations for an unlikely ‘no deal' scenario.
4 Nov 2018
New York Appeals Court Overturns Lower Court Order That Samsung Pay $115 Million To MPEG LA For Wrongfully Terminating A Patent Pool Agreement
A New York state appellate court overturned a trial court's order that Samsung pay MPEG LA $115 million in a dispute over whether Samsung wrongfully terminated agreements governing a patent pool...
United States
31 Oct 2018
SaMD Series: Open Source Licensing And Trade Secrets
Software as a Medical Device – also referred to as SaMD – is one of the fastest growing innovations in the medical device industry.
United States
24 Jul 2018
Title Source Inc. V. Housecanary Inc.
A data-analytics start-up, HouseCanary, recently obtained the largest IP jury verdict of 2018, totaling more than $706m in compensatory and punitive damages.
United States
6 Jun 2018
Circumstances Surrounding License Negotiations May Determine Whether A Third-Party Is An Intended Beneficiary Having Rights Under The Resulting License Agreement
Extrinsic evidence regarding the negotiations surrounding an agreement may be relevant to determining the scope and meaning of the provisions, including whether a third party has standing to enforce the agreement ...
United States
24 May 2018
A Forum Selection Clause May Be Used To Prevent A Patent Licensee From Challenging Patent Validity At The U.S. Patent Office
A California court recently held that a forum selection clause of a license agreement was effective in preventing the licensee from challenging the validity of the licensed patents through inter partes review proceedings at the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office and ordered the licensee to move to dismiss the proceedings.
United States
24 May 2018
A Patent Licensee's Infringing Activity Outside A Licensed Field Of Use Does Not Breach The License
A patent license agreement with a field of use provision limiting the scope of the licensed activity did not contractually obligate the licensee to refrain from acting outside the scope of the field of use.
United States
16 Apr 2018
Distribution Agreement Constitutes An "Offer For Sale" Under Pre-AIA 35 U.S.C.
Following the court's en banc decision that a contract manufacturing arrangement did not give rise to an on-sale bar, the Medicines Co. v. Hospira, Inc. appeal returned to the original Federal Circuit panel ...
United States
23 Feb 2018
Evidence Of Extensive Licensing Is Relevant And Admissible In A Patent Infringement Suit
A Virginia court declined to exclude evidence that the patents asserted in a patent infringement action had been previously licensed to over 1000 licensees because such evidence was relevant to commercial success and validity, reasonable royalty damages, willful infringement by the accused infringer, and good conduct by the patent owner.
United States
20 Feb 2018
Contractual Restriction In License Agreement Prevents Patent Exhaustion By Restricting Scope Of Licensed Sales Rather Than Use Of Products After Authorized Sale By Licensee
The doctrine of patent exhaustion provides that the initial authorized sale of a patented item, directly or through a licensee, terminates all patent rights to that item.
United States
3 Nov 2017
Foreign Filing License In A Jiffy
Foreign filing licenses are pretty routine: file an application and (assuming the application is not marked by a security screener) with the filing receipt or another USPTO official notice...
United States
31 Mar 2017
Federal Trade Commission Sues Qualcomm For Anticompetitive Licensing Practices In Cell Phone Semiconductor Market
The Federal Trade Commission filed a complaint against Qualcomm in Federal district court, accusing it of using anticompetitive practices to maintain a monopoly of the supply of critical cell phone components.
United States
30 Mar 2017
Harm To Licensees Does Not Justify Preliminary Injunction To Protect Plaintiff's Licensing Business
In particular, it found that harm to Finjan's licensees did not create irreparable harm to Finjan or justify Finjan's request for a preliminary injunction.
United States
18 Jan 2017
License Defense Fails Due To Interpretation Of License Agreement's Provisions On Commercialization And Importation
Future Link acquired patents originally owned by Philips and asserted that Intel's products infringed those patents.
United States
21 Dec 2016
Prohibitions On Assigning A Patent License Agreement And Interests Under The Agreement Do Not Prohibit Assigning Patents Licensed Under The Agreement
A patent license agreement's anti-assignment clause did not restrict the assignment of the licensed patent because it did not mention the patent expressly...
United States
24 Nov 2016
License Defense Is Waived Due To Unjustified Delay And Prejudice
A Texas court recently held that an infringer waived a license defense that components in the accused products were supplied by a licensed supplier by failing to raise the defense sufficiently before trial to allow the patent owner to respond to the defense, take discovery on the issue, file briefings with the court, and hold a hearing if necessary.
United States
27 Oct 2016
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