Intellectual Property Protection, Breach of Contract, License Agreements

UK Court Rules on Reverse Engineering of Mainframe Software

Jones Day on 5/13/2025

IBM UK ("IBM") successfully enforced the terms of a mainframe license against the defendants who had created a competing software product....more

Time to Assess the Damage: Implications from THJ Systems v. Sheridan

Morrison & Foerster LLP on 1/24/2025

THJ Systems Ltd & Anor v. Sheridan & Anor [2024] EWHC 3195 (Ch) addressed two key issues in respect of damages related to (i) breach of contract and (ii) copyright infringement, following a determination of liability in...more

C.R. Bard v. Atrium: The Impact of FDA Approval Timelines on Royalty Payments

DLA Piper on 9/23/2024

A case pending in the Ninth Circuit Court of Appeals highlights the importance of negotiating the term of royalty payments in the license of Food and Drug Administration (FDA)-regulated products. This is particularly notable...more

Beware: Run-of-the-Mill Forum Selection Clause Could Thwart Patent Challenges

Sunstein LLP on 8/16/2019

A patent infringement and breach of contract lawsuit in San Francisco may result in a sea change in the ability of licensees to challenge the validity of patents covered by their license. At stake is whether patent owners can...more

Forum Selection Clause May Preclude PTAB Proceedings

Jones Day on 4/29/2019

The Federal Circuit recently affirmed a preliminary injunction barring PTAB proceedings in view of a forum selection clause. Dodocase VR, Inc. v. MerchSource, LLC, 2018-1724 (Fed. Cir. Apr. 18, 2019). Dodocase, the owner...more

Northern District of California Enforces Forum Selection Clause in License Agreement and Orders Licensee to Withdraw IPR Petitions

Akin Gump Strauss Hauer & Feld LLP on 4/9/2018

On March 23, 2018, a district court judge issued a preliminary injunction requiring the defendants to withdraw their petitions for inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB). The court granted...more