From Academia to the Marketplace: The Ins and Outs of University Spinout Licenses with Dan O’Korn
Podcast: The Briefing - How to Avoid Bearing The Risks of A Naked License
The Briefing: How to Avoid Bearing The Risks of A Naked License
Understanding NFTs and Their Legal Implications
Healthcare Tech: How Are Licensing Agreements Bridging the Industry Divide?
Monthly Minute | Licensing Agreements
How To Be A Project Advocate By Diffusing Adjacent Neighbor Tensions
Pennsylvania Tavern Games Licenses
On May 21, 2025, the Federal Circuit “reverse[d] the district court’s denial of Google’s motion and remand[ed] for a new trial on damages.” The decision resulted in an 8-2 vote, with Judges Reyna and Stark dissenting. The...more
Over the last several years, the Federal Circuit has increasingly scrutinized patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty, including whether the license needs to be...more
Reliably Determining Reasonable Royalty Rates from Lump Sum Licenses - In Ecofactor, Inc. V. Google LLC, Appeal No. 23-1101, The Federal Circuit held that license agreements containing a lump sum payment “based on” a royalty...more
The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to deny a defendant’s motion for a new trial on damages, finding that the plaintiff’s damages expert sufficiently showed that prior license...more
On April 25, the US Court of Appeals for the Third Circuit issued its precedential opinion in Mallinckrodt v. Sanofi-Aventis, Case No. 23-1111, reminding everyone that “creditors take on risks” when it ruled that the debtor...more
Rudimentary principles of contract law stipulate that words in a contract that are plain and free from ambiguity must be understood in their usual and ordinary sense. Applying such principles, the US Court of Appeals for the...more
On August 26, in MCL Intellectual Property, LLC v. Micron Technology, Inc., the Federal Circuit affirmed exclusion of an expert opinion regarding a reasonable royalty, holding that the district court did not abuse its...more
Innovation and creativity are essential for competitive advantage and success in a global economy. The attendant intellectual property assets are the product of substantial capital investment, and companies should carefully...more
Federal Circuit Summaries - Before Prost, Dyk and Chen. Appeal from the United States District Court for the Eastern District of Virginia. Summary: A party may not seek a declaratory judgment to obtain piecemeal...more
In Feld Motor Sports, Inc. v. Traxxas , L.P., No. 16-40686 2017 U.S. App. LEXIS 11705 (5th Cir. June 30, 2017), the Fifth Circuit held for the first time that an appellate court can review a trial court’s legal conclusions in...more
Cellport Systems, Inc. v. Peiker Acustic GMBH & Co. KG - In a case addressing whether royalties are due under a patent licensing agreement even if the products are not covered by the patents, the U.S. Court of Appeals...more