Posted By JaeWon Lee, Nov 6, 2013
A tiger dies and leaves a skin. A man dies and leaves a name. How about this?
Q: A bankrupt tech-company?
A: A bunch of patents.
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Posted By JaeWon Lee, Nov 4, 2013
In their opening briefs, Kolon and DuPont exchanged arguments on more than twenty issues. The battlefield includes district court’s abuse of discretion in procedural matters and admissibility of evidence; jury instruction; choice-of-law; establishment of trade secret elements; remedies; and recusal.
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Posted By JaeWon Lee, Nov 1, 2013
Size matters in a civil case when it comes to the size of the verdict. It surely does matter in trade secret misappropriation disputes where parties compete in market. A plaintiff would naturally seek money damage to compensate lost economic value (a term in Uniform Trade Secrets Act) or advantage (in Restatement of Unfair Competition) caused by defendant’s misappropriation.
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Posted By Christopher Im, Oct 24, 2013
The first shot has been fired in the battle for student athletes to be financially compensated for their work on the field and court. On September 26, 2013, Electronic Arts Inc. (EA) and Collegiate Licensing Co. (CLC) settled for an undisclosed amount with a group of college student athletes for using their image and likenesses in video games. This would mean, in theory, that every player ever to appear in the game would be entitled to a share of the settlement money. EA has been making the NCAA-branded football and basketball games since 1998 with license from the NCAA and the CLC, who represents nearly 200 individual schools, conferences, bowls, and the NCAA.
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Posted By JaeWon Lee, Oct 21, 2013
Remember good recent days when you do not have to add any sales tax when you clicked to order your first Kindle? Things in Amazon became pricey recently – to some states’ online shoppers. In California, the company started to collect sales tax (or use tax) from September 15, 2012. California is not alone. Eighteen other states have similar laws requiring that sales tax be collected from online purchases. And, to the most, that sad reality may remain.
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Posted By Dominick Severance, Apr 27, 2013
DISCLAIMER: This blog is for general informational purposes only. By reading this blog, you agree that the information on this blog does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and the members of the blog. The blog is not the same as legal advice from a qualified attorney licensed in your state who is aware of the particular facts of your case. The members of the blog reserve the right to change the blog without notice and do not guarantee that each blog post is complete, correct or up-to-date with the most recent legal developments and cases.
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Posted By Dominick Severance, Apr 27, 2013
THE INHERENT DIFFICULTY OF INVESTING IN STARTUPS: RISK, CONTROL, AND LIQUIDITY
Investing in start-ups can be a very complicated process for a multitude of reasons. Startups, for instance, don’t always have a proven plan for commercially monetizing their product or service; this increases the risk of investing in the company dramatically. Even Facebook, which has over one billion users, struggles to prove that it can remain both relevant and profitable in the long run. The unproven nature of a startup’s business plan creates an inherent and substantial risk; investors must consider whether their investment will ever have a sufficient ROI to justify the risk they take putting their money into the startup as opposed to another venture.
Posted By Dominick Severance, Apr 21, 2013
Introduction and General Roadmap
Best efforts obligations in contracts can be expressed in a variety of ways, from reasonable efforts to good faith efforts to even diligent efforts. Even though best efforts can be expressed in so many different ways, the default is that all the efforts standards mean the same thing unless the contract states otherwise. Thus, courts will apply the same standard, where one exists, to a reasonable efforts term as a best efforts term. For the purposes of this paper, therefore, the term “best efforts” will be the favored term and will be understood to encompass any other “efforts” standard unless explicitly noted otherwise.
California is very fortunate to be home to the headquarters for both the technology and media industries. Both of these industries rely heavily on licensing of their respective works in return for royalties. In fact, “the obligation to exploit is at the heart of, and is the very essence of, the ‘business’ of show business…. it is the exploitation of intellectual property that drives the entertainment industry.” To protect the rights and interests of the licensor, many licenses contain clauses stating that the licensee must use best efforts in exploiting the licensed work.
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Posted By Heather Marchione, Mar 11, 2013
Spotify is one of the newest methods for accessing digital music and allows customers to stream millions of songs on demand for free or for just a low monthly fee. Spotify's business model is a freemium-to-premium business model. This model works by converting free users on the desktop who have to listen to ads to users willing to pay a monthly fee to stream without ads or on their mobile devices. Spotify appears to be doing a heck of a job at converting free to paying customers! Currently, around 8,000 users convert to a monthly payment plan per day and because the subscription revenue is recurring, Spotify's revenue is growing faster than the cost of licensing the music to the free users.
Posted By Jaewon Lee, Feb 20, 2013
In March 6, 2009, Carnegie Mellon University (CMU) filed a suit against Marvell in U.S. District Court claiming patent infringement of two CMU patents. The patents at issue concerned noise predictive technology that enhanced the speed and accuracy of signal processing in hard drives. At trial, Marvell argued that CMU’s patents were invalid because they were anticipated by a prior Seagate patent. CMU countered Marvell’s claim by producing an e-mail at trial from one of Seagate’s engineers sent prior to the lawsuit saying that the CMU patent was different than the Seagate patent.