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Royalties Intellectual Property Litigation Appeals

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - April 2025 #4

Kaufman & Canoles on

Jack Nicklaus just scored a $1 million win in a New York court, striking back against his former company’s attempt to control his personal brand....more

McDermott Will & Emery

Munich Court Addresses Implementer’s Obligation To Provide Security in FRAND Negotiations

McDermott Will & Emery on

The Munich Higher Regional Court issued a decision concerning the fair, reasonable, and nondiscriminatory (FRAND) negotiation process and an implementer’s obligation to provide security if a license offer for standard...more

Baker Botts L.L.P.

Patent Apportionment: Anything You Say in a License Agreement May Be Used Against You in a Court of Law

Baker Botts L.L.P. on

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

Smart & Biggar

When patents expire but royalty payments don’t: contrasting U.S. and Canadian approaches to patent licensing

Smart & Biggar on

How does the expiration of the patents in one jurisdiction impact global royalty payments? This question was addressed by the United States Court of Appeal’s Ninth Circuit in C.R. Bard Inc v Atrium Medical Corporation, Case...more

McDermott Will & Emery

What’s Shaking? Not an Interlocutory Appellate Decision on Damages

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit dismissed and remanded a district court certified interlocutory appeal concerning the standard for calculating a reasonable royalty under the Defend Trade Secrets Act (DTSA). The...more

McDermott Will & Emery

Artists Denied Royalties Under CRRA Because of Federal Pre-Emption

McDermott Will & Emery on

Addressing the California Resale Royalties Act (CRRA), the US Court of Appeals for the Ninth Circuit upheld a district court’s dismissal of a plaintiff’s CRRA claims concerning resale royalties that postdated the 1976...more

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