Searching Content indexed under Licensing & Syndication by Goodwin Procter LLP ordered by Published Date Descending.
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What You Need To Know About SaaS Licenses
Whether you’re a founder thinking about using third party software for your start-up, or thinking about how best to structure licenses to your software, it’s important to consider how "Software as a Service" or "SaaS" licenses differ from traditional software licenses.
United States
6 Feb 2013
EU Court Of Justice Rules First Sale Doctrine Applies To Software Downloads
On July 3, the Court of Justice of the European Union in UsedSoft GmbH v. Oracle International Corp. held that a licensor of software made available for download over the Internet may not prevent the resale of perpetual licenses by its licensees.
European Union
13 Jul 2012
Opening Of Copyright Recapture Period Provides New Opportunities For Authors, Challenges For Licensees
Under the 1976 Copyright Act, creators (and their heirs) of works assigned or licensed by the author to another on or after January 1, 1978 may terminate their assignments and recapture their copyrights within a five-year window, beginning 35 years after the date of the grant.
United States
15 Jul 2011
Landmark Healthcare Reform Legislation Creates Statutory Pathway for Biosimilar Biologics
On March 23, 2010, President Obama signed into law the Patient Protection and Affordable Care Act of 2010 ("PPACA"), Public Law No. 111-148. This massive, groundbreaking piece of legislation contains, or the first time, a statutory pathway for licensure, or approval, of biological products that are biosimilar to, and possibly interchangeable with, earlier biological products (termed "reference products") licensed under the Public Health Service Act.
United States
7 Apr 2010
The Importance Of Proper Employee Assignment Of Inventions Agreements
On September 30, 2009, the U.S. Court of Appeals for the Federal Circuit decided in "Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc.", 583 F.3d 832 (Fed. Cir. 2009), that the plaintiff ("Stanford") lacked standing to assert an infringement cause of action against the defendant ("Roche") as Stanford did not possess the necessary interest in the patents-in-suit.
United States
24 Mar 2010
Jacobsen v. Katzer: Open Source Licensor Prevails On Summary Judgment Motions
On December 10, 2009, the District Court for the Northern District of California ruled on the parties’ motions for summary judgment in the ongoing open source licensing dispute in "Jacobsen v. Katzer".
United States
18 Jan 2010
TransCore Case Has Important Implications For Patent Licensing Practices
On April 8, 2009, the U.S. Court of Appeals for the Federal Circuit issued a decision in “TransCore, LP v. Electronic Transaction Consultants Corp.” (No. 2008-1430) that will have a significant impact on how agreements relating to patents are interpreted.
United States
21 Jul 2009
Court Again Denies Preliminary Injunction For Breach Of Open Source License
On January 5, 2009, the U.S. District Court for the Northern District of California decided on remand in “Jacobsen v. Katzer” that the plaintiff Jacobsen, a licensor of open source software, was not entitled to a preliminary injunction halting the willful infringement of his software.
United States
23 Feb 2009
Keep Your SSO Promises: What You Say Can And Will Be Used Against You
Companies involved in the research, design and development of new technologies often participate in standards setting organizations (SSOs) which focus on the standardization of such technology.
United States
8 May 2008
U.S. Supreme Court Ends "Per Se" Illegality Of Minimum Resale Price Holders Of Maintenance Agreements, Manufacturers And Licensors Should Have Cautious Optimism
Leegin Creative Leather Products, Inc. v. PSKS, Inc., 551 U.S. ___ (2007), the U.S. Supreme Court made it easier for manufacturers and licensors to set the minimum price at which their goods can be sold. This practice, commonly known as minimum resale price maintenance ("RPM") had long been considered per se (automatically) illegal under a nearly century-old line of court decisions.
United States
13 Aug 2007
Top 10 Issues In Licensing Technology From Universities
Many successful products on the market today began as embryonic inventions in university research laboratories. Gene splicing, magnetic resonance imaging and atomic microscopy, for example, all had their beginnings in the university setting.
United States
1 May 2007
10 Simple Steps To Ensure Software Licensing Compliance
One area where companies can easily get into trouble is having unlicensed software on company computers. Computer software is protected under the U.S. Copyright Act. The Copyright Act provides for strict liability for possessing or using unlicensed software, meaning that your company may be liable for having unlicensed software, even if management does not know about the software or intend to use it.
United States
1 Feb 2007
Licensees May Challenge A Patent Without Breaching License
We hold that petitioner was not required, insofar as Article III is concerned, to break or terminate its 1997 license agreement before seeking a declaratory judgment in federal court that the underlying patent is invalid, unenforceable, or not infringed
United States
15 Jan 2007
10 Things You Need To Know About Technology Exports
If your technology company does business with foreign nationals, either domestically or abroad, it is possible that your company is undertaking activities subject to laws and regulations that govern the export of technology. These laws and regulations serve an important role in safeguarding our nation and its interests.
United States
24 Oct 2006
Patent Injunctions: Is There Life After "eBay v. MercExchange"?
When both sides claim victory, it usually means no one is happy. Such is the sentiment following the U.S. Supreme Court’s decision in a closely watched patent case, eBay v. MercExchange. The key question was how easy it should be for a patent owner to put a stop to infringing activity.
United States
30 May 2006
Patents And Standardization: How To Avoid 10 Common Pitfalls For The Unwary
If your company is involved in research, design and development of new technology, chances are a standards setting organization (SSO) is discussing the potential standardization of such technology. There are clear benefits to participation in an SSO – keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization and directing the standardization effo
United States
12 May 2006
NRC Introduces Options for New Flexibility in Nuclear Facility Decommissioning
The nuclear-powered electric-generation sector operates within a unique regulatory structure for protecting human health and the environment. During construction and throughout operation, nuclear facilities must establish and maintain funds to meet the expected costs of shutting down and, to the extent necessary, cleaning up their properties following the cessation of licensed operations.
United States
21 Mar 2006
Open Source: Answers To 10 Common Questions (IP)
In recent years, there has been a tremendous buzz about open source software. Many constituencies believe that it is the ultimate destiny of the software industry, while others remain unconvinced that open source represents a viable business model.
United States
26 Jan 2006
U.S. Supreme Court Rules on Closely-Watched Copyright Infringement Case
On June 27, 2005, the U.S. Supreme Court issued an opinion in the case of Metro- Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., unanimously holding that a party that distributes a product with the goal of advancing the use of the product to infringe copyright can be held liable for the infringing acts of its users.
United States
5 Jul 2005
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