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Musings on Intellectual Property

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Category: Intellectual Property

Intellectual property covers many areas, including patents, trademarks, copyrights, and trade secrets. Learn how each of these creative assets can bolster your revenue, secure a market advantage over competitors, and drive growth.

Hate Speech and Porn Trademarks?

July 20, 2017 Griffin Klema 2 comments
Trademark hate speech

Updated: December 15, 2017, to reflect the decision of In re Brunetti, 877 F.3d 1330 (Fed. Cir. 2017). Updated: June 24, 2019, to reflect the decision of the U.S. Supreme Court in Iancu v. Brunetti, __ U.S. __ (2019). Supreme Court invalidated “disparagement” section of trademark statute based on free

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IRS re-writes Medtronic tech license for $1B deficiency

June 9, 2016 Griffin Klema Leave a comment
IRS Tax Return

License between Medtronic and its wholly owned subsidiary deemed not arm’s length transaction. Opens contract to attack by IRS, re-assesses Medtronic’s income, and increases its tax liability. Today the United States Tax Court issued a memorandum opinion that significantly and materially increased the royalty rate in a technology license agreed-to

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Most favored licensee royalty refund

May 20, 2016 Griffin Klema Leave a comment
Patent license agreement

In a case of first impression, the Fifth Circuit addressed the retroactive application of a most favored licensee (MFL) clause under a fully-paid up lump sum royalty in a patent license agreement. In an underlying patent infringement case, DataTreasury Corp settled with JP Morgan Chase and negotiated a license in

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