License Agreement Cases

– the invalidation of copyright protection (certificate, patent) is the reason for the cancellation of the license agreement; There are many examples of disputes in which the right to cancel the license agreement is filed in return. He points out that counter-rights are generally used as an opportunity to avoid the liability to fulfill the terms of license agreements and to take time. Although not noted by either party, the Federal Circuit made every attempt to find that the District Court`s finding that Preston had breached his employment contract by failing to grant his patent rights to Marathon was contrary to the automatic transfer of patents to Marathon, which was made as part of the personnel agreement. As the Federal Circuit found, the execution of an assignment of rights to Marathon was not necessary, as it was made automatic by the agreement of the employees. The District Court found that Marathon had acquired a store right to Preston`s sound partition system, which relieves Marathon of any liability for infringement. The District Court also found that Preston`s claims of unjustified enrichment, alteration and misappropriation of trade secrets were precluded by the Shop Right doctrine or because they came at the right time. In a summary judgment, the District Court ruled that Preston was the sole inventor of the two patents, but that his agreement with the employee required him to transfer his stake in both patents to Marathon and that he was violating the agreement by failing to do so. In addition to the doctrine of implicit exhaustion, the distributor may include patent licenses with software. In the Case of Mission Product, a company called Tempnology, LLC marketed training clothing under the brand name “Coolcore” using logos and labels protected by the brand. Tempnology has granted Mission Products a non-exclusive license to use the Coolcore trademarks. However, in 2015, Tempnology applied for insolvency protection and applied to the insolvency court for permission to refuse the license agreement with Mission Products.

The bankruptcy court granted the application and decided that after the refusal, Mission Products could no longer sell products using the Coolcore trademarks. Mission Products appealed and the case eventually went all the way to the U.S. Supreme Court, which agreed to have the case heard in order to resolve a split in the way the lower courts had ruled the case. The following are examples of legal proceedings that require the cancellation of a license agreement.