License agreement

“ It is insisted that the license agreement cannot be enforced because it is a misuse of patents to require the licensee to pay royalties based on its sales, even though none of the patents are used. Petitioner directs our attention to the 'Tie-in' cases. These cases have condemned schemes requiring the purchase of unpatented goods for use with patented apparatus or processes, [1] prohibiting production or sale of competing goods, [2] and conditioning the granting of a license under one patent upon the acceptance of another and different license. ”

“ Without a license agreement, software may be left in a state of legal uncertainty in which potential users may not know which limitations owners may want to enforce, and owners may leave themselves vulnerable to legal claims or have difficulty controlling how their work is used. ”

“ Under Section 1.6 of the APA, which provides for the license back of assets and provides the basis for entering the TLA, it states that "the license agreement shall also provide [Novell] with an unlimited royalty-free, perpetual, worldwide license to the Licensed Technology upon the occurrence of a Change of Control of [Santa Cruz] described in Section 6.3 (c) hereof." ”

“ No patent license is granted to make, use, sell or offer to sell embodiments of any patent claims other than the Licensed Claims defined in Section 7. No right is granted to the trademarks of Author even if such marks are included in the Program. Nothing in this License Agreement shall be interpreted to prohibit Author from licensing under additional or different terms from this License Agreement any Original Work, Program, or Derivative Work that Author otherwise would have a right to License. ”

“ The Pennsylvania Supreme Court in the MacGregor case ruled that price-fixing provisions in a license agreement such as the one before us were severable from the agreement to pay royalties, and read our Sola case as though it were a holding that a licensee was estopped to challenge a patent's validity except in cases where a licensor sought affirmative relief to enforce price-fixing provisions of a license. ”

“ Whether it is a misuse to include in a license agreement a provision which perpetuates the monopoly of a licensed patent by a requirement that royalties be paid for the use of the invention after the patent has expired and the invention had been dedicated to the public. ”

“ The question for our decision is whether a patent licensee, by virtue of his license agreement, is estopped to challenge a price-fixing clause in the agreement by showing that the patent is invalid, and that the price restriction is accordingly unlawful because not protected by the patent monopoly. ”

“ The licenses for most computer software programs are designed to take away Your freedom to share software or change source code. This kind of software is designated as proprietary or "closed." The Hacktivismo Enhanced-Source Software License Agreement — like other license agreements that have served as inspiration for our work — is intended to promote both Your freedom to share our software with others, and Your freedom to change and improve the software. ”

“ Any Licensees who release derivative works, as permitted by this License Agreement, are required to grant a royalty-free patent license of any patented technology.
Anyone Can Release Original Software Under The HESSLA: Although this License Agreement is drafted with Hacktivismo's objectives in mind, perhaps it will meet other authors' needs as well. ”

“ Prevent libraries and patrons from using materials in ways copyright law would otherwise permit, and Specify the forum for any disputes. Shrinkwrap and click licenses refer to unsigned agreements between a purchaser of digital products or software and the creator or vendor that define the respective rights of the parties. Shrinkwrap refers to the plastic wrap that encases software; upon opening the program the first thing the user sees is the license agreement that sets out the terms of use. ”

“ Since the Patent Office makes an inventor's ideas public when it issues its grant of a limited monopoly, [15] a potential licensee has access to the inventor's ideas even if he does not enter into an agreement with the patent owner. Consequently, a manufacturer gains only two benefits if he chooses to enter a licensing agreement after the patent has issued. First, by accepting a license and paying royalties for a time, the licensee may have avoided the necessity of defending an expensive infringement action during the period when he may be least able to afford one. ”

“ COMPULSORY LICENSING SEC. 93. Grounds for Compulsory Licensing. The Director of Legal Affairs may grant a license to exploit a patented invention, even without the agreement of the patent owner, in favor of any person who has shown his capability to exploit the invention, under any of the following circumstances ”

“ Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. ”

“ SCO's contention that SVRX Licenses are limited to only agreements that collect royalties instead of SVRX software agreements, which specify the restrictions on a licensee's source code rights, appears to conflict with the language of the APA and the integrated nature of the licensing agreements entered into by AT&T and Novell. Given that AT&T, and then Novell, would typically enter into a set of agreements in connection with each license of SVRX technology?a software agreement, a sublicensing agreement, and product supplements? ”

“ Numerous variations in the form of the provisions in the distributors' license agreements and the fact that in later years two of them extended the restrictions into all six cities, do not weaken the significance or force of the nature of the response to the proposals made by all the distributor appellants. ”

“ Any attempted assignment or transfer short of those indicated in the statute 'is a mere license, giving the licensee no title in the patent, and no right to sue at law in his own name for an infringement.' [19] The legal position of the holder of a simple, unconditional, nonexclusive license is important. ”

“ By fixing prices 'he hoped,' he said, 'as one of the features of the license agreements, to enable the companies to abolish ruinous competition,' and to get a 'revenue for each of the companies to enable them to make a reasonable profit.'
But motives and inducements may not be easily estimated, and we will pass to a consideration of the agreements. On March 30, 1910, the Manufacturers' Association passed a resolution and a committee of five was constituted, to be known as the price and schedule committee, to which the license agreements and resale agreements should be referred. ”

“ If sold unreservedly the right to the entire use of the invention passes, because that is the implied intent; but this right to use is nothing more nor less than an unrestricted license presumed from an unconditional sale. A license is not an assignment of any interest in the patent. It is a mere permission granted by the patentee. It may be a license to make, sell, and use, or it may be limited to any one of these separable rights. If it be a license to use, it operates only as a right to use without being liable as an infringer. ”

“ The holder of a non-exclusive licence shall not be entitled to bring actions before the Court, unless the patent proprietor is given prior notice and in so far as expressly permitted by the licence agreement. ”

“ In the absence of any provision to the contrary in the technology transfer arrangement, the grant of a license shall not prevent the licensor from granting further licenses to third person nor from exploiting the subject matter of the technology transfer arrangement himself. ”

“ The Act provides that it is only 'whenever an invention * * * shall be manufactured * * * for the United States, with license from the owner thereof * * *.' and the department head believes the stipulated royalties to be unreasonable, that the latter shall give 'written notice of such fact to the licensor and to the licensee.' It is only after such notice that the department head may fix 'fair and just' royalties, and only 'such licensee' who is forbidden to pay additional amounts as royalties, and only 'such licensor' who is relegated to the Court of Claims. ”

“ That said Federal Trade Commission shall not have the power or authority to issue any such license whenever the patent, trademark, print, label or copyright with respect to which application for such license is made, shall have been conveyed, transferred, assigned or delivered to the Alien Property Custodian, in pursuance of his requirement, or seized by him ”

“ On t he other hand, there is reason to believe that the knowledge which thus can be secured may be vital in giving value to the compulsory licenses which are a central feature of the decree. The information is put upon a basis comparable to that of a license. Just as a licensee is required to pay a uniform, reasonable royalty for the privilege of operating under the patent, so, also, he is required to pay a reasonable charge for the information as to methods and processes which may be important to him in his commercial practice under the licensed patents. ”

“ If the first two clauses of the section, taken by themselves, leave the matter in any doubt, the succeeding clause, including every person 'who sells or uses one so constructed,' makes it perfectly clear that the implied license conferred by the section sets the specific machine free from the monopoly of the patent in the hands of any person, just as if that person were the lawful assignee of one holding the machine under a purchase or an express and unrestricted license from the inventor. ”

“ In any case wherein the Government neither (1) pursuant to the provisions of paragraph (a) above, obtains entire right, title and interest in and to an invention nor (2) pursuant to the provisions of paragraph (b) above, reserves a non-exclusive, irrevocable, royalty-free license in the invention with power to grant licenses for all governmental purposes, the Government shall leave the entire right, title and interest in and to the invention in the Government employee, subject to law. ”

“ Article 867
⁠A licensee under a patent exploitation licensing contract shall exploit the patent in accordance with the agreement, may not allow a third person outside the contract to exploit the patent, and shall pay the agreed royalties.
Article 868
⁠A transferor under a technological know-how transfer contract or a licensor under a technological know-how licensing contract shall, in accordance with the agreement, provide technological materials, give technological guidance, guarantee the practical applicability and reliability of the technology, and perform confidentiality obligations. ”

“ Any license contract concerning the registration of a mark, or an application therefore, shall provide for effective control by the licensor of the quality of the goods or services of the license in connection with which the mark is used. If the license contract does not provide for such quality control, or if such quality control is not effectively carried out, the license contract shall not be valid. ”

“ The petitioner suggests that consideration of the validity of section 14, the acquisition clause, and the license conditions based upon its language are properly to be deferred until the United States undertakes to claim the right to purchase the project on the license terms fifty years after its issuance. ”

“ Licensor has secured all rights in the Work necessary to grant the license rights hereunder and to permit the lawful exercise of the rights granted hereunder without You having any obligation to pay any royalties, compulsory license fees, residuals or any other payments ”

“ Licensees may often be the onlyi ndividuals with enough economic incentive to challenge the patentability of an inventor's discovery. If they are muzzled, the public may continually be required to pay tribute to would-be monopolists without need or justification. We think it plain that the technical requirements of contract doctrine must give way before the demands of the public interest in the typical situation involving the negotiation of a license after a patent has issued. ”

“ Thus it is clear that the extension of a patent by lawful authority revests in the patentee every right originally possessed by him, and that unless the law, by virtue of which it is extended, contains a provision in favor of licensees or assignees, their right to use ends with the term of their license. ”

“ No announcement of general licensing policy can relieve the Commission of its statutory obligation to examine each application for a license and determine whether a grant or denial is required by the public interest. ”

“ Second. May the assignee of a patent, which has licensed another to make and sell the machine covered by it, by a mere notice attached to such machine, limit the use of it by the purchaser or by the purchaser's lessee to terms not stated in the notice but which are to be fixed, after sale, by such assignee in its discretion?'
The case therefore directly involved the general question of the power of the patentee to sell and yet under the guise of license or otherwise to put restrictions which in substance were repugnant to the rights which necessarily arose from the sale which was made. ”