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This is an exception to the general rule under intellectual property laws that the intellectual property owner enjoys exclusive rights that it may license—or decline to license—to others. Under UK patent law, a compulsory license is different from a statutory license.
This language, however, may be obiter dicta; the case was not about consumers' rights, but rather about whether Diamond Multimedia Systems was liable for not paying AHRA-mandated royalties after making and marketing a type of device that the plaintiffs asserted was covered by the AHRA.
Apple and Samsung litigated patent infringement cases in several European nations starting in 2011, with implications for device sales across all of the European Union. [ 75 ] [ 76 ] In August 2011, the Landgericht Court in Germany granted Apple's request for an EU-wide injunction banning Samsung from selling its Galaxy Tab 10.1 device, on the ...
Reasonable and non-discriminatory (RAND) terms, also known as fair, reasonable, and non-discriminatory (FRAND) terms, denote a voluntary licensing commitment that standards organizations often request from the owner of an intellectual property right (usually a patent) that is, or may become, essential to practice a technical standard. [1]
For a producer to put on a Broadway production, he or she must acquire an option, which involves paying a fee. The option is to make sure that the producer is serious about producing this show, and puts the money forth to prove it. For a typical Broadway play, a producer pays $5,000, therefore getting the rights for the first six months.
Burden of persuasion on infringement in declaratory judgment cases Octane Fitness v. Icon Health & Fitness: 572 U.S. 545: 2014: 9-0: Damages: Attorney Fees: An "exceptional" case is simply one that stands out from others because of its frivolous nature relating to the legal arguments or merits of the claim.
The code's license required improvements of the code, or derivative code, to be freely shared. A licensing fee would be required to avoid publishing the code or to compete with the code's owners. Google used the APIs in a competing product without paying a licensing fee, which Oracle contended was a breach of copyright.
Occasionally, licensees may themselves sub-license a third party with or without the agreement of the intellectual property owner. [3] Licensing agreements determine the form and scope of compensation to the intellectual property owner, which usually takes the form of a flat licensing fee or a running royalty payment derived from a share of the ...