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Recent U.S. Court Decisions And Developments Affecting Licensing

By John Paul and D. Brian Kacedon U.S. Supreme Court Upholds Ban on Post-Expiration Royalties in Patent LicensesIn the 1964 decision Brulotte v. Thys Co., the U.S. Supreme Court held that a patent owner cannot receive royalty payments that “accrue” after a patent expires. Under this ruling, the patent owner cannot receive royalties for a […]

Licensing In Cosmetics: A Practical Approach

By Jean-Yves Legendre The worldwide cosmetic market is estimated around 180 billion € (sell-in price) and is dominated by historical, large international corporations (L’Oréal, Unilever, Coty, Procter & Gamble, Shiseido, Johnson & Johnson, Estee Lauder). However, despite a global, steady growth of about three percent per year, this market covers many diverse regional and local […]

To What Extent Are University IP Policies Legally Binding? Part 2: Students

By Philip Mendes In Part 1 the extent to which a university IP policy is legally binding upon a university’s staff was considered. In this part we consider that question in relation to students, both undergraduate, and postgraduate. The IP policies of universities and research organizations (for brevity, the term “university” is employed, and refers […]

Allocating Risks And Rewards In Collaborative Agreements Using The Financial Structure

By Matthew W. Sagal and Gene Slowinski Open Innovation (“OI”) is a well-accepted methodology that allows two or more firms to combine technical and other resources to achieve their marketplace objectives. The OI relationship is called an “alliance.” The firms are often referred to as “partners,” although use of that term does not imply a […]

Bankruptcy-Related IP Valuations: Consider The Use Of Market Approach

By Robert F. Reilly Licensing executives and other intellectual property (IP) professionals (for purposes of this discussion, called “analysts”) are sometimes asked to provide IP valuation and related analyses within the context of a commercial bankruptcy or other type of commercial litigation. Within the commercial bankruptcy environment, the analyst could serve as a transaction adviser, […]

NSFW: Naked Licensing And Uncontrolled Trademark Use

By Luke S. Curran The nucleus of trademark owners’ post-registration operations centers on protecting and enforcing those rights against unauthorized use by third parties. Conversely, much less attention is afforded to addressing the potential for inadvertent loss of rights when employed by authorized third parties.

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