U.S. District Court for the Central District of California Makes Rare FRAND Royalty Rate Determination
By Eric Caligiuri
The U.S. District Court for the Central District of California recently issued its opinion in TCL Communications v. Ericsson (SACV 14-341 JVS(DFMx) and CV 15-2370 JVS (DFMx)) on standard-essential patents and whether a commit to license them was on terms that are fair, reasonable and nondiscriminatory, or FRAND. The Court determined Ericsson did not offer to license its standard essential patents on reasonable terms, and instead become only the fourth U.S.
Settling Individual Labor Code Violations Kills PAGA Claims
By: Zack Thompson
On December 29, 2017, in Kim v. Reins International California, Inc., the Second District Court of Appeal in Los Angeles ruled that a plaintiff no longer has standing to assert PAGA claims once the plaintiff has settled and dismissed his individual claims against his employer. This decision could have far-reaching implications in PAGA litigation, changing the way both plaintiff’s attorneys and defense attorneys approach PAGA lawsuits.
Ruling in Lawsuit Over Fox’s Use of “Empire” Extends Permitted Use of Third-Party Trademarks
By Scott Hervey
Did you ever wonder why some movies use fictional names for companies or sports teams? TV and movie producers intentionally avoid using brand or company names in order to avoid any potential of an entanglement with a trademark owner. Some studio lawyers insist that no third-party brands may be used under any circumstances without permission (I have had these discussions). How do they explain that other producers, including the producers of HBO’s series,