Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Federal Circuit Decision Provides Guidance for Joint Licensing of Pooled Patents
Recently, in Princo Corporation v. International Trade Commission, No. 2007-1386, 2009 WL 1035222 (Apr. 20, 2009), the U.S. Court of Appeals for the Federal Circuit issued an opinion in a long-running patent misuse litigation of potential significance for any patent owner participating in a patent pool or considering participation in a patent pool. The decision provides guidance on the criteria for determining “essential patents” that will be reassuring to many patent pool participants. At the same time, the opinion is a cautionary reminder of the risks inherent in limiting the licensing of pooled patents outside the package license provided by the pool.
The Federal Circuit's decision arises from a challenge to the licensing of patents for write-once and re-writable compact discs (“CD-Rs” and “CD-RWs”). The technology relevant to the production of CD-Rs and CD-RWs had been developed by a number of companies, including Sony and Philips. In the late 1980s and early 1990s, Sony and Philips jointly developed a technical standard for CD discs and players called the Orange Book, which ensured compatibility and inter-operability for discs, players, and ROM drives manufactured in accordance with the standard.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?