LexisNexis® Legal Newsroom
Duane Morris LLP: World Customs Organization Publishes Commentary to Valuation Agreement Related to Dutiable Status of Third-party Royalties and License Fees

By Brian S. Goldstein The United States and many of its trading partners have often disagreed on the inclusion of royalties and license fees in the dutiable value of imported merchandise. The World Customs Organization ("WCO") Technical Committee has recently published Commentary 25.1...

Protecting the Gates of Reasonable Royalty

By Merritt J. Hasbrouck* * J.D. Candidate, May 2012, The John Marshall Law School, Chicago, IL. Excerpt from Protecting the Gates of Reasonable Royalty , 11 J. Marshall Rev. Intell. Prop. L. 193 (Fall 2011) INTRODUCTION Patents require proper protection through clear guidance from the legislature...

Troutman Sanders LLP: Judge Jackson Rebuffs Verizon's Motion to Stay Payment of Sunset Royalties to ActiveVideo

By Dabney Carr As we posted here , Judge Jackson granted Verizon a temporary stay of the permanent injunction he entered in favor of ActiveVideo in return for Verizon's payment of royalties for a six-month "sunset" period. Verizon then moved for an automatic stay of the payment...

The Sky Is Not Falling: The Effect of a Performance Right on the Radio Market

By Gregory F. Donahue* * J.D. Candidate, 2012, Indiana University Maurer School of Law. B.A., 2009, Illinois Wesleyan University. Excerpt from The Sky Is Not Falling: The Effect of a Performance Right on the Radio Market , 87 Ind. L.J. 1287 (Summer, 2012) Introduction "For decades...

Royalty/Licensing Rates For Mobile Music Upheld by Second Circuit

MobiTV, Inc. (Mobi) purchases programming from cable television networks and transmits it to wireless carriers, to which consumers subscribe to obtain wireless service on their mobile phones. Basically, Mobi acts as a middleman between "content providers" - television networks, record labels...

Sheppard Mullin Richter & Hampton LLP: My Fellow Californians - Our Long National Nightmare Is Over

By Christine Steiner In the same era Gerald Ford advised his fellow Americans that "our long national nightmare is over," as he succeeded Richard Nixon as president, the California Legislation enacted the sloppily-drafted California Resale Royalty Act, Civil Code Section 986 . The act was...

DLA Piper: Ongoing Royalties: A New Development in Patent Damage Awards

By Joseph Lavelle Following the Supreme Court decision in eBay, Inc. v. MercExchange, LLC, 1 injunctions do not automatically follow from a finding that a patent is infringed and not invalid. In cases where an injunction is denied, in lieu of the injunction the district court has the power to award...

Federal Circuit Upholds Expert Apportionment Methodology to Prove Reasonable Royalty Damages for Individual Features of Complex Technology

by Steven C. Schroer and Christian C. Damon On September 21, 2015, in Summit 6, LLC v. Samsung Electronics Company, Ltd. , the Court of Appeals for the Federal Circuit added a new chapter to rapidly developing jurisprudence addressing the kinds of evidence admissible to prove the reasonable royalty...