Technology

Sometimes even standard “boring” language in a legal contract can become a point of contention in litigation. Every legal contract – whether it’s an intellectual property transaction or a real estate deal – has some contract terms that are subject to extensive negotiation and other terms that are simply standard language that “everyone” uses. Such…

Technology transfer is generally seen as being a “pro-competitive” activity.  Greater sharing of intellectual property (IP) usually means technology is made more accessible, which benefits competition, thus benefiting consumers.  As such, since 1984 the EU antitrust authorities have offered “safe harbor” protection for certain types of technology transfer transactions, exempting them from the standard antitrust…

While the US Congress is considering legislation to introduce “fee-shifting” in patent cases – requiring the loser to pay the winner’s legal fees – the fact that there already exist limited fee-shifting arrangements is often overlooked. As we commented in our recent blog, “Patent Reform Could Affect All Patent Owners,” Congress is looking to legislate…

Stopping “patent trolls” has become a cause celebre among members of the US Congress. There is broad bipartisan support to push through legislation that would slow down this perceived “tax on innovation.” The only problem with these efforts is that in trying to rein in abusive practices by a small number of firms, Congress may…