Archives: Licensing

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Avoid the Backend?

Written by Jeff Aronson We regularly help clients sell patent properties to “monetize” them, with the patent troll community as the typical buyers.  Clients are often excited about the prospects of getting a large future payment, under the rightful (or sometimes mistaken) belief that their patented inventions are very valuable and worth millions (or more).  … Continue Reading

What is ‘Blocking IP’?: Why You Should Care When Licensing Source Code

Written by Isabel DeObaldia A client this week asked me to help him with a source code license. What started as a simple request with crafting a paragraph inevitably grew due to the concept of “blocking intellectual property.”  While I would argue that the document is still “simple” in structure, for the non-initiated it now … Continue Reading

What Exactly Do You Mean By “Reseller” Agreement?

Written by Sanjay Beri I was recently reminded that the term “reseller” agreement can often mean different things to different people.  Misunderstandings about these types of relationships creates the potential for miscommunication and wasted time drafting the wrong terms. A client recently asked me for a form of reseller agreement to engage resellers to help … Continue Reading

What?? The Target Company Does Not Own its IP!?

Written by Mark Lehberg We have been working on a number of private company mergers and acquisitions transactions this year where the technology and the intellectual property of the target company (the “Target”) are the key value drivers for the transaction.  It is always surprising when the Target has not used “good housekeeping” with regard … Continue Reading

FRANCE: A French Court orders a Swiss company selling French game tickets over the Internet to prevent French Internet users from accessing part of its websites

By Florence Guthfreund-Roland & Mathilde Hallé On April 10, 2014, the Court of First Instance of Paris found that VIAGOGO, a Swiss company operating a website selling sports tickets on the Internet, had no right to sell tickets for a French soccer game organized by the French Professional Soccer League. On that basis, the Swiss … Continue Reading

Written by Andrew L. Deutsch, Marc E. Miller and Melissa A. Reinckens FOLLOWING LOSS BEFORE THE SUPREME COURT, AEREO “ASTONISHES” BROADCASTERS WITH NEW LEGAL STRATEGY Shortly after its highly publicized loss before the US Supreme Court, which appeared to doom its over-the-air television Internet streaming business, New York-based Aereo shifted to a new legal strategy which it hopes … Continue Reading

Negotiation Tactics Matter: Dealing with Deal Fatigue

Deal fatigue is a real issue — and something you will immediately understand if your job includes negotiations on a single contract that last months or even years.   When I say deal fatigue, I mean the situation where people get so tired of a project that they start compromising on issues just to reach the conclusion or … Continue Reading

Contracts Deconstructed: Gross Negligence and Willful Misconduct

Negotiations related to gross negligence and willful misconduct seem to be trending this past fall.  So, I thought I’d take this opportunity to revisit what these phrases actually mean in the context of commercial contracting.   In many agreements, gross negligence and willful misconduct are “carve-outs” in the limitation on liability provision.  What do I mean by a “carve-out” on … Continue Reading