Posts in Licensing


Don’t Go Down the Rabbit Hole with the Foes of Bayh-Dole

Sensing an opening after the Biden Administration’s recent Executive Order put a hold on a pending regulation prohibiting the misuse of the march-in rights provision of …
By Joseph Allen
2 months ago 1

CAFC Holds Bylaws Failed to ‘Effectuate Present Automatic Assignment’, Thwarting Apple’s Attempt to Dismiss Infringement Suit

On August 2, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the U.S. District Court for the Northern District of California’s denial …
By Nancy Braman
2 months ago 1

Updates to Olympic Charter Rule 40: Impact of Name, Image, Likeness Changes for Tokyo Games

“Name, Image, Likeness” rights, the term commonly used to designate rights covered under right of publicity law, has been a popular and trending term thus far in 2021, …
By Katie Allgood
2 months ago 0

Drilling Down on Criticism of Top-Down Approach to Determining Essentiality

Last week, an article was published on the Social Science Research Network (SSRN) website by Matteo Sabattini, who is the director of IP Policy at Ericsson. SSRN …
By Tim Pohlmann
2 months ago 0

The Burden of Proof regarding Cellular Wireless Standard Related Patents: Final Thoughts for Our Critics

Do owners of patents for which licensing declarations have been made enjoy more rights than other patent holders? Do such licensing declarations impose obligations on potential licensees …
By Curtis Dodd & Chris Dubuc
2 months ago 1

Determining When a Patent Portfolio is Standard-Essential: A Probabilistic Approach

In recent years, several patent experts and commentators have claimed that there are too many “low-quality” patents being granted by patent offices around the world, or that …
By Matteo Sabattini
2 months ago 2

International Academics Push for TRIPS COVID IP Waiver Hold-Outs to Drop Opposition

One-hundred-twenty-four professors and academics from around the world have penned an open letter supporting India and South Africa’s proposed waiver of certain provisions of the Agreement …
By Eileen McDermott
3 months ago 11

Antitrust Suit Filed by 36 State AGs Targets Google Anticompetitive Practices on Android App Distribution

Last week, the attorneys general of 36 U.S. states and the District of Columbia filed a lawsuit in the Northern District of California against internet services and …
By Steve Brachmann
3 months ago 2

The New Biden Executive Order: Undermining Bayh-Dole is Like Shooting Ourselves in the Foot—Let’s Not Go There

Late Friday, the Biden Administration unveiled what must be one of the longest Executive Orders in history, titled “Promoting Competition in the American Economy.” In 31 pages, it …
By Joseph Allen
3 months ago 2

Converting Your Patent Portfolio to Patent NFTs? Best to ‘Wait and See’

Non-fungible tokens, or “NFTs,” have captured headlines, offering the perfect mix of poorly understood technology and incredible sale prices. The first patent NFT auction by True Return …

FRAND Royalty Base Statements and Cellular Wireless Standard Essential Patents: A Reply to a Responsive Article

In a previous series of articles that were published on IPWatchdog, we analyzed and categorized various fair, reasonable and non-discriminatory (FRAND)-related statements made by a variety …
By Curtis Dodd & Chris Dubuc
3 months ago 1

Standard Essential Patents and Legal Risks Across Industries

The next industrial revolution will not only impact the smartphone and computer world but will spread to many more industrial verticals. Automotive, manufacturing, energy, health care, and …
By Tim Pohlmann
3 months ago 0

Using AI to Valuate and Determine Essentiality for SEPs

One of the major challenges when licensing, transacting, or managing Standard Essential Patents (SEPs) is that there is no public database that provides information about verified SEPs. …
By Tim Pohlmann
3 months ago 15

The DOJ Antitrust Division: Regulatory Capture at the Expense of U.S. Interests

Historically an esoteric area of law, in recent years, antitrust policy is drawing broader attention as a tool to curb the exercise of monopolistic market power, especially …
By David Cohen
4 months ago 6

EU Offers Alternative to COVID-19 IP Waiver That Supports Innovation and Addresses Supply Chain Problems

On June 4, the European Commission submitted to the World Trade Organization (WTO) its proposal for improving access to COVID-19 vaccines and treatments in countries suffering from vaccine …
By Steve Brachmann
4 months ago 5