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
Summary: License agreements containing a lump-sum payment “based on” a royalty rate may provide reliable evidence of a reasonable royalty rate for the licensed patent. EcoFactor sued Google for patent infringement over...more
In January 2022, we warned software companies selling indirectly against attempting to enforce the terms of their End User License Agreement (“EULA”) directly against the Federal Government based on the decision of the...more
Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more
Join Braumiller Law Group Senior Counsel Bruce Leeds for a discussion on the topic of: ITAR 101-Part 2* New to the International Traffic in Arms Regulations (ITAR)? Or, maybe you're just a little bit rusty on the ITAR? Here...more
Maybe you’re seeking new revenue streams. Perhaps you’re hoping to enter new markets. Or you feel that your best path at growth is through a strategic partnership. Whatever the reason, there are many times when entrepreneurs...more
This is the second of two postings that outline key pricing protections you should consider negotiating with licensors of ERP software to provide flexibility and predictability in managing the ongoing license and maintenance...more
Fifty years ago, in Brulotte v. Thys Co., the U.S. Supreme Court held that the collection of royalties after a patent’s expiration constitutes per se patent misuse. Although criticized by scholars, antitrust agencies, and the...more
The American Bankruptcy Institute‘s Commission to Study the Reform of Chapter 11 issued its report last week, capping more than two years of hearings, meetings, and hard work. Having had the honor of testifying before the...more
The U.S. Supreme Court Friday agreed to revisit a longstanding precedent that bars patent owners from collecting royalties after their patents have expired, even if those post-expiration payments represent compensation for...more
In This Issue: - Move over Big Pharma: Health care is not the only industry susceptible to False Claims Act scrutiny - Third Circuit affirms dismissal of False Claims Act suit, citing contract ambiguity ...more
A patent is a legal right to keep others from making, using or selling an invention. A patent does not of itself give the owner the right to use the patented invention. For example it is quite possible for someone to patent...more
We previously wrote that regulators are considering using antitrust laws to reign in perceived abuses by non-practicing entities or, more familiarly, “patent trolls” – entities that purchase the rights to patents not to...more
This has been an eventful few weeks for the O’Bannon v. Electronic Arts, Inc., et al., No. 4:09-cv-01967 (N.D. Cal.) case in the Northern District of California; an over four-year-old showdown between the NCAA and current and...more
Let's quickly revisit the scenario we've been following through our first two installments. That is, you are a CIO faced with a decision on whether or not to enter into an "enterprise" or an "unlimited" license arrangement...more
No one has ever asserted that the bankruptcy arena is for the faint hearted. On the road to development of a plan of reorganization (or more commonly these days, a sale of all of the debtor’s assets), there can be bruising...more
Deploying a software package across the company (or most of the company) is becoming a reality for most companies. Standard processes and systems drive cost, quality and performance improvements. Unlimited deployment rights...more
Intellectual property rights are critical to various economic sectors. Many companies depend on licensed technology to operate and survive. The licensor-licensee relationship may deteriorate, especially if the licensor starts...more
You're a CIO and a major software publisher proposes an "enterprise" or an "unlimited" license arrangement. Having made its way up the chain to your desk, you are told the deal looks promising. There can be pitfalls in any...more
Generally, license agreements are “executory contracts” in bankruptcy. Executory means performance is due from both sides. When a party to an executory contract becomes a debtor in bankruptcy, it may either reject or assume...more
It pays to closely read the payment terms in your software license. Or rather, it costs if you don't read them closely enough....more
When a debtor rejects an executory contract, Section 365(n) of the Bankruptcy Code allows a licensee of intellectual property to retain certain rights under the rejected contract. An important question arises, therefore,...more
Make sure you’re protected before diving into academic collaboration - Today, many universities operate business incubators, and some are seeing significant success. Since 2006, for example, the University of...more
It is a common practice for Web site providers who accept submissions of user-generated content to include a license provision in their “Terms of Use” to obtain rights to use the content....more