Archive for 'Transactions'
Written By Stephen D. Harper, Ph.D. and Brett J. Rosen Both the U.S. Patent and Trademark Office (USPTO) and the World Intellectual Property Organization (WIPO) recently issued new rules for bringing prior art publications to the attention of an examiner during examination of a patent application.
By Christopher H. Blaszkowski. Among the bundle of rights set forth in 17 U.S.C. § 106, copyright owners of certain works have the exclusive right to publicly perform the work. In particular, this statute maintains a public performance right for the copyright owners of “literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and [...]
Federal Circuit eliminates “25 Percent Rule” for Damages Calculations in Uniloc USA, Inc. v. Microsoft Corp.
By Jaimin B. Shah. In their January 2011 Uniloc v Microsoft decision, a Federal Circuit Court of Appeals panel decided that “the 25 percent rule of thumb is a fundamentally flawed tool for determining a baseline royalty rate in a hypothetical negotiation,” marking an end to the commonly used practice in the valuation of intellectual [...]