Parties to a wide variety of transactions routinely sign non-disclosure agreements – NDAs – before exchanging confidential information. Confidentiality clauses are also often part of software licenses and other technology agreements. However, as a recent decision from the US Court of Appeals for the Seventh Circuit shows, having a signed NDA isn’t necessarily sufficient to…
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Post Patent Expiration Royalties for Spider-Man Toy?
The inventor of a glove that allows users to shoot foam string – in the manner of Spider-Man – has asked the US Supreme Court to overrule a previous decision that an agreement that includes royalties for the use of a patented invention after the expiration of the patent is unlawful per se. Background In…
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Privacy Concerns in M&A Transactions
Consumer privacy is an increasing concern in many countries. On October 28, 2014, the US Federal Communications Commissions (FCC) announced that it had joined the Global Privacy Enforcement Network (GPEN), of which the US Federal Trade Commission (FTC) was already a member. The GPEN is a group of about 50 worldwide privacy enforcement authorities and…
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Patent Rights Can be Exhausted by a Covenant Not to Sue
A New Jersey federal court ruled that the doctrine of patent exhaustion can be the basis for dismissal of a patent infringement suit against a customer’s manufacturer, where the patent owner offered the customer a covenant not to sue – even if that offer was subject to certain conditions and therefore never accepted. In Re…
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