Musings on Intellectual Property
Updated: December 15, 2015, to reflect the decision of In re Brunetti In re Brunetti __ F.3d __ (Fed. Cir. 2017). Supreme Court invalidates disparagement section of trademark statute based on free speech—is the door now open to registering porn and hate speech? On June 19, 2017, the U.S. Supreme
...continue reading
Ever have a concern about your legal bill? Have you ever questioned your lawyer about it? Here is some unspoken insight on how your lawyer may view you when you question a legal bill. Does your lawyer even care about your goals or your budget? Or are you just a number, some quantum of dollars? Read on to see how lawyers responded to a client’s concern…
...continue reading
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
...continue reading
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
...continue reading