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Patent-Licensing Best Practices
Immense changes in patent licensing strategies occurred during the past decade, as investors, boards and shareholders sought to derive increasing values from their patent portfolios. Supreme Court decisions such as Medimmune v. Genentech, 549 US 118, 2007 and the America Invents Act (AIA) Inter Partes Reviews (IPR) were the driving forces behind these changes. Advances in patent analytics and easy access to data now enable the creation of defensible patent valuations. And, emerging patent pooling licensing models offer licensing executives more efficient, transparent, and predictable royalty streams vis-'-vis traditional licensing. Several best practices that can enhance success as well as implementing these models are discussed.
Prepare to Sue
The 2007 Medimmune decision has arguably had the most impact on licensing of all Supreme Court decisions in the last 10 years. Prior to 2007, licensors approached licensees without much worry about a declaratory judgment (DJ) action. Licensors sent a letter stating that licenses to patents were available and “business discussions” should be initiated. However, after Medimmune , even such innocuous communication was held to confer standing to file a DJ action.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
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Strategy vs. Tactics: Two Sides of a Difficult Coin
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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?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.