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A Party to a Litigation May Lose Its Right to Arbitrate a Dispute if It Delays in Demanding Arbitration

USA - October 31 2018 A defendant waived his right to arbitrate a royalty dispute because he (1) knew about an existing right to compel arbitration, (2) acted...

Cecilia Sanabria, Ryan V. McDonnell, D. Brian Kacedon.

The Royalties in License Agreements with Non-Profit Organizations May Be Relevant to Determining Reasonable Royalties to Be Paid for Patent Infringement by a For-Profit Organization

USA - October 17 2018 A Delaware court allowed a damages expert to use the royalty rates in an agreement with a university as a basis to calculate reasonable royalties to...

Cecilia Sanabria, Anthony J. Berlenbach, D. Brian Kacedon.

New York Appeals Court Overturns Lower Court Order that Samsung Pay $115 Million to MPEG LA for Wrongfully Terminating a Patent Pool Agreement

USA - October 12 2018 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...

Cecilia Sanabria, Umber Aggarwal, D. Brian Kacedon.

Breach of Terms in a Patent License Agreement May Not Give Rise to Infringement Claims Unless Terms Are a Condition of the License

USA - October 2 2018 An Illinois District Court ruled that breach of a patent license agreement does not automatically give rise to patent infringement claims. Instead...

Laith M. Abu-Taleb, Cecilia Sanabria, D. Brian Kacedon.

Clarifying Provisions Avoid Ambiguity in Patent License Agreement

USA - September 26 2018 To interpret an ambiguous term in a license agreement that was subject to several reasonable interpretations, a Delaware court relied on a clarifying...

Sonja W. Sahlsten, Cecilia Sanabria, D. Brian Kacedon.