Brian Kacedon

Case Summary: The Presumption Against Retroactive Licensing Absent Explicit Language To The Contrary Applies Equally To Sublicenses

Case Summary: When Licensing Undermines Standing

Shall We Strive For More Clarity And Remove Shall From Our Contracts?

Drafting License Agreements – Best Practices For Definitions

Despite Lack Of Express Right To Terminate, Licensor Was Permitted To Terminate License For Violation Of Scope Limits By Licensee

The Federal Trade Commission's Comprehensive Ban On Non-Competes

Confidentiality Agreements May Be Enforced Against Employees Based On Continued Employment Even If There Is No New Additional Consideration

An Implied Copyright License Requires A "Meeting Of The Minds" On How The Copyright Is To Be Used – Permission To A Television Host To Wear A Clothing Design Did Not Imply A License To A Toy Company To Use The Design On Toy Figurines

Court Overrides Agreement's Choice Of Law And Forum Selection Clauses To Transfer Lawsuit By Franchisor Against Its California Franchisee To California

Lost Profit Damages Must Flow Directly From The Contract's Subject Matter

Patent Owner Can Grant A License To Future Continuations Even If Issued After Patents Have Been Sold

Hiring A Former Executive Of A Competitor May Result In Liability For Tortiously Interfering With The Non-Compete Provisions Of That Executive's Employment Contract

A Patent Owner Lost Its Standing To Sue For Patent Infringement Litigation When It Transferred All Substantial Rights In The Patent To Another Entity

A Court May Shorten The Duration Of A Non-Compete Clause

A Non-Exclusive Trademark Licensee Needs An Explicit Right To Sue For Trademark Infringement

Federal Court Rejects Massachusetts's Statute On Out Of State Forum Selection Clauses

An Agreement's Choice Of Law And Forum Selection Clauses Controlled The Location Of Lawsuits Against A Former Employee

Conclusory Allegations Were Insufficient To Obtain A Temporary Restraining Order Against A Former Employee Despite Non-Compete And Non-Solicitation Covenants In Employment Agreement

Evidence Of Negotiations May Be Admissible When The Evidence Is Not Inconsistent With The Executed Agreement And Is Offered To Rebut Trial Testimony

Clause In Agreement Providing For Survival Of License As To Activities Occurring During The License Term Did Not Grant A Perpetual License Covering Infringing Activities Occurring After The License Term