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307 results found

Article

Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 14 Jun 2016

Court Finds an Agreement Not-to-Sue is a Patent License Despite Language to the Contrary

A Minnesota court required a patent owner to provide the accused infringer with documents relating to an agreement after finding that the agreement

Article

Williams Mullen | USA | 15 Sep 2011

The joinder provision in the Patent Reform Act: leveling the playing field against multi-defendant NPE suits

A new season is under way and some of the rules have changed.

Article

Hamilton Brook Smith & Reynolds PC | USA | 28 Jun 2011

What did I do wrong to harm the value of my patents: consequences of inattention in license negotiations and in corporate acquisitions and reorganizations

Congratulations! You just won a major victory against your competitor: after years of a hotly contested court battle, the jury found that your competitor’s product infringes your patent, and your competitor’s attack on the patent’s validity failed.

Article

Sheppard Mullin Richter & Hampton LLP | USA | 18 Oct 2010

Blog hyperlinks to news stories copyright infringement or not?

The expression "bad facts make bad law" comes to mind when reading the news reports about Righthaven LLC and the Las Vegas Review-Journal ("Las Vegas Review").

Article

Loeb & Loeb LLP | USA | 5 Aug 2009

Ortiz v. Guitian Brothers Music, Inc

In a copyright infringement suit involving a movie soundtrack, court holds (1) a nonexclusive license can be oral; (2) where the dispute turns on whether there is a license at all, the burden is on the alleged infringer to prove the existence of the license; (3) absent consideration, a nonexclusive license is revocable; and (4) by instituting a copyright infringement action, plaintiff revoked any license that may have existed between the parties.

Article

Paul Weiss | USA | 23 Aug 2007

Federal Circuit lessens the load for patent infringement defendants

The Federal Circuit’s August 20, 2007 unanimous en banc decision in In re Seagate Technology, LLC has raised the bar to prove willful patent infringement: the patent owner must now prove recklessness by the infringer.

Article

Eversheds Sutherland (US) LLP | USA | 23 Aug 2007

Federal Circuit addresses willfulness and the advice of counsel defense

In a recent and unanimous en banc decision, the U.S. Court of Appeals for the Federal Circuit reversed its long-standing rule requiring that an accused patent infringer exercise an affirmative duty of due care to determine whether or not he is infringing to avoid a finding of willful infringement.

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