Licensing Practice Group - Publications
| 05/27/2010 |
| "Can I Settle Now? Determining the Existence of a “Rightful Claim” of Patent Infringement," Intellectual Property Litigation Newsletter, Spring 2010 |
| Pity the patent defendant who was sued just for using or selling a product made by one of its vendors. It did not design the product. It did not manufacture the product. It does not specialize in the vendor’s industry and thus is probably not generally aware of the patent landscape in that industry. It likely did not have either the incentive or the know-how to undertake an expensive freedom-to-operate analysis. And now it is facing the long slog through a litigation that will assuredly cost it ... |
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| 03/05/2010 |
| Aviator's Guide to the Cloud: Navigating the Liabilities and Risks of Cloud Computing |
| The benefits of cloud computing are becoming more well known. As the uses for cloud computing multiply, though, so do the possible liability issues. If data stored on the cloud is lost, both the company providing cloud services (the “cloud vendor”) and the company that used the cloud service (the “cloud user”), could be liable to the cloud user’s own customers. Cloud users and cloud vendors can be liable for administrative penalties imposed by the Federal Trade Commission if reasonable data security ... |
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| 01/12/2007 |
| Case Alert: Supreme Court decision in Medimmune, Inc. v. Genentech, Inc. |
| In this decision, the Court held that a patent licensee need not breach or otherwise terminate its license agreement before seeking a declaratory judgment that the underlying patent is invalid, unenforceable, or not infringed. |
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| 09/18/2006 |
| MedImmune Inc. v. Genentech Inc. |
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