As this blog has pointed out, of all the recent patent decisions from the US Supreme Court its ruling in Impression Products v Lexmark International is proving to be a particular cause for concern among some members of the patent licensing community. The case concerns patent exhaustion and, according to Lillian Shaked of Shaked & Co, throws up several problems…
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Technology Worldwide (TechWW) is a blog published by Shaked & Co. It provides periodic information and perspectives of interest to the international technology and business communities with respect to developments in technology law, licensing and intellectual property. Writers include S & C attorneys as well as guest contributors. TechWW does not provide legal advice.
OFFSETTING M&A EXPENSES USING PATENT PORTFOLIOS
High-tech startups, highly leveraged businesses, companies anticipating growth, a turnaround, or that are otherwise in need of capital, may not always find a willing investor or acquirer that is able to finance what can be an expensive investment or M&A. Willing buyers may also be confronted by a lack of funds when acquiring another company’s…
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Who Owns that Jointly Developed IP?
Who Owns that Jointly Developed IP? Technology has enabled large scale global R&D collaboration among companies. Tools designed to support physically disbursed working groups and the availability of cloud based processor-heavy tasks such as CAD (Computer-Aided Design) have made it easier than ever for companies to join forces to develop new products, technology, and intellectual…
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Covenant Not to Challenge in a Patent License Does Not Bar a PTAB Review
The Patent Trial and Appeal Board (PTAB) has reduced a crucial clause to mere words Inclusion of a “covenant not to challenge” clause in a patent license agreement has until recently been seen by licensors as crucial to protecting the validity and value of their rights. Without it, nothing prevents a licensee from attempting…
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