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Earn-Out Payments In <i>Rock Band</i> Video Game at Issue in Delaware Case Image

Earn-Out Payments In <i>Rock Band</i> Video Game at Issue in Delaware Case

Jeff Mordock

Attorneys for Viacom International Inc. told the Delaware Supreme Court in oral arguments in July that their client did not breach the implied covenant of good faith and fair dealing when it failed to renegotiate an agreement with Electronic Arts Inc. (EA) to distribute the video game <i>Rock Band</i>, thereby reducing the earn-out payments to shareholders of the game's developer, Harmonix Music Systems Inc., which merged with the Viacom entertainment conglomerate in 2006.

Features

Rader's Olive Branch: <i>Ultramercial II</i> Resolves the Judicial Deadlock of <i>CLS Bank</i> Image

Rader's Olive Branch: <i>Ultramercial II</i> Resolves the Judicial Deadlock of <i>CLS Bank</i>

Robert R. Sachs

The Federal Circuit's <i>en banc</i> decision in <i>CLS Bank Int'l v. Alice Corp.</i> was roundly criticized as a "nightmare," further cementing the impression that the court was confused and in conflict over the requirements of patent eligibility under 35 U.S.C '101.

Columns & Departments

Court Watch Image

Court Watch

Alexander Tuneski

Supreme Court Ruling Makes It More Difficult To Arbitrate Claims

Features

Supreme Court Weighs in on Reverse Payment Settlement Agreements Image

Supreme Court Weighs in on Reverse Payment Settlement Agreements

Melanie L. Mayer & David K. Tellekson

On June 17, 2013, the U.S. Supreme Court held in <i>Federal Trade Commission v. Actavis, Inc.</i> that so-called "reverse payment" settlement agreements should be analyzed under a rule-of-reason analysis under which the court weighs the pro- and anti-competitive effects of such agreements on a case-by-case basis.

Features

<i>Lenz</i> Lawsuit Dances to a Fair Use Tune and Heads For Trial Image

<i>Lenz</i> Lawsuit Dances to a Fair Use Tune and Heads For Trial

Kyle-Beth Hilfer

A California district court has denied cross summary judgment motions in a case that has implications for fair use analysis under copyright law and DMCA litigation.

Features

<I><B>Online Extra:</B></I>Court Recognizes Same-Sex Marriage in Cozen Benefits Row Image

<I><B>Online Extra:</B></I>Court Recognizes Same-Sex Marriage in Cozen Benefits Row

Gina Passarella

In the wake of the U.S. Supreme Court's decision in <i>United States v. Windsor</i>, a Pennsylvania federal judge has ruled the wife, and not the parents, of a deceased female Cozen O'Connor partner is entitled to her profit-sharing benefits.

Features

The Supreme Court and Same-sex Marriage Image

The Supreme Court and Same-sex Marriage

Frank Gulino

In the last day of its October 2012 Term, the U.S. Supreme Court handed down two historic decisions that were immediately hailed as victories for supporters of same-sex marriage.

Features

<I><B>BREAKING NEWS:</i></b>Court Recognizes Same-Sex Marriage in Cozen Benefits Row Image

<I><B>BREAKING NEWS:</i></b>Court Recognizes Same-Sex Marriage in Cozen Benefits Row

Gina Passarella

In the wake of the U.S. Supreme Court's decision in <i>United States v. Windsor</i>, a Pennsylvania federal judge has ruled the wife, and not the parents, of a deceased female Cozen O'Connor partner is entitled to her profit-sharing benefits.

Features

<I><B>Online Extra:</B></I>Court Recognizes Same-Sex Marriage in Cozen Benefits Row Image

<I><B>Online Extra:</B></I>Court Recognizes Same-Sex Marriage in Cozen Benefits Row

Gina Passarella

In the wake of the U.S. Supreme Court's decision in <i>United States v. Windsor</i>, a Pennsylvania federal judge has ruled the wife, and not the parents, of a deceased female Cozen O'Connor partner is entitled to her profit-sharing benefits.

Columns & Departments

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Verdicts

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  • Lack of Logo Placement At Center of Ruling Over Meat Loaf Album Packaging
    To build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.
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