News & Analysis as of

Summary Judgment Licenses

McDermott Will & Emery

Taking the High Road: Ambiguity Regarding “Versions” of Beer Precludes Summary Judgment

The US Court of Appeals for the Second Circuit affirmed a district court’s summary judgment denial and determination that the definition of “beer” (which encompassed “other versions and combinations” of beer and malt...more

McDermott Will & Emery

Liability for Copyright Infringement Attaches if Conduct Exceeds Scope of License

The US Court of Appeals for the Ninth Circuit revived a software owner’s copyright infringement suit because the district court erred in granting summary judgment of no infringement by failing to analyze whether the accused...more

McDermott Will & Emery

Copyright Owner’s Narrow Interpretation of Implied License Rejected

McDermott Will & Emery on

Addressing the scope of an implied copyright license, the US Court of Appeals for the Seventh Circuit affirmed a district court’s grant of summary judgment because the accused copyright infringer had an unconditional and...more

Morris James LLP

Court Requires Supplemented Contentions Regarding License Defense Prior To Early Summary Judgment Briefing

Morris James LLP on

Plaintiff seeks an order compelling defendant to supplement its contentions regarding its license defense to provide the detail for claiming plaintiff is not licensed. Defendant may not avoid its obligations merely by...more

BakerHostetler

Patent Watch: Intel Corp. v. Negotiated Data Solutions, LLC

BakerHostetler on

§ 251 suggests to a potential licensee that -- in the absence of contrary language in the licensing agreement -- a license under the patent that is not directed to any specific claims, field of use or other limited right will...more

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