Figures
1.1Auto makers like Ferrari do not manufacture the merchandise that bears their famous logos. Source: eBay/WhyBee.page
1.2Jonathan Barnett illustrates how licensing enables motion picture firms to divide distribution rights among multiple entities, each with a specific role in the supply chain. Source: Jonathan Barnett.
1.3The debate over “patent trolls” has been raging for over a decade. Source: US Patent and Trademark Office.
1.4Large information technology companies like IBM and Google embraced the open source Linux operating system to support the sale of associated hardware, services and advertising. Source: Linux Foundation.
2.1Warren claimed that he created 1,914 musical works for the popular 1980s TV series Remington Steele. Source: NBC/MTM Enterprises.
2.2The creators of the Superman character died in near poverty while the Man of Steel went on to form a multi-billion-dollar franchise. Source: Action Comics (public domain).
2.3FilmTec reverse osmosis membrane filter. Source: DuPont Corp.
2.4Schematic showing possible assignment pathways for Cadotte’s invention. Source: the author.
2.5Richard Alleshouse was the product manager for Wave Loch’s FlowRider attraction, shown here as installed on the upper deck of a Royal Caribbean cruise ship. Source: Traveloscopy, CC BY-ND 2.0.
2.6Though he was an original member of the musical group The Commodores, Thomas McClary did not retain rights to utilize the group’s name after he left the band in 1984. Source: The Commodores.
3.1The Mashantucket Pequot Museum & Research Center in Ledyard, Connecticut, commissioned a film about the Pequot War of 1636–38. Source: Stilfehler, CC BY-SA 3.0.
3.2Chief Judge Henry T. Friendly, the author of the opinion in T.B. Harms, served on the US Court of Appeals for the Second Circuit from 1959–1986. Source: US Court of Appeals for the Second Circuit.
4.2“Psycho Chihuahua” and the Taco Bell chihuahua. Source: (L) Joseph Shields, Thomas Rinks; (R) Taco Bell Corp.
4.3I.A.E. v. Shaver involved an architect’s plans for an air cargo building at Gary Regional Airport (now Gary/Chicago International Airport (GYY)). Source: Gary/Chicago International Airport.
4.4Effects Associates involved the development of a gruesome special effect for the horror film The Stuff. Source: New World Pictures.
4.5NBA star LeBron James is reported to have twenty-four tattoos, many of which were created by LA-based artist gangatattoo. Source: Getty Images/Harry How.
4.6The patented shrimp knife and deveiner at issue in McCoy. Source: (L) US Patent and Trademark Office; (R) Alex-Duncan Shrimp Chef, Inc.
4.7The dispute in TransCore v. Elec. Transaction Consultants involved patents covering E-ZPass electronic tollbooth devices. Source: “Approaching NJ Turnpike northern barrier” by bobsled, CC BY-SA 2.0.
5.1Figure from US Patent No. 5,073,816, “Packaging semiconductor chips,” which ST claimed that SanDisk infringed. Source: US Patent and Trademark Office.
5.2The dispute in MedImmune v. Genentech involved a Genentech patent claiming antibody technology. Source: MedImmune.
5.3The formula for Coca-Cola, which is allegedly stored in this imposing vault in Atlanta, has been a trade secret since 1886. Source: Mx Granger, CC0.
5.4A Rockwell 33.6 K analog modem, c.1990s. Source: Rockwell Elecs.
5.5The record-breaking verdict in Texaco v. Pennzoil reinvigorated the popular notion that a handshake is a binding commitment. Source: Universal Pictures (Law and Order (1953).
6.1Graphical representation of a patent “family.” Source: Jim Farrington.
6.2Ownership and license of ’011 and ’946 patents in Spindelfabrik. Source: the author.
6.3Affiliate relationships in a corporate “family.” Source: the author.
6.4In General Talking Pictures, the Supreme Court validated the division of patent license rights according to technical fields of use. Source: the author.
6.5The territory of “North America” consists of about forty different countries. Source: “Central Americas (Feb 1960)” by davecito, CC BY 2.0.
6.6The complex flow of license rights in Cyrix v. Intel. Source: the author.
6.7The “have-made” arrangements in du Pont v. Shell. Source: the author.
6.9The 1991 VHS videotape version of Disney’s Fantasia sparked a dispute with Igor Stravinsky’s estate. Source: the author.
6.10William Styron’s Sophie’s Choice, one of the titles at issue in Random House v. Rosetta Books. Source: (L) Random House; (R) Rosetta Books.
6.11Graphical representation of license and sublicense rights. Source: the author.
7.1The complex, multi-tiered exclusive and nonexclusive licensing structure for CRISPR-Cas9 gene editing technology as it existed in early 2017. Source: Jorge L. Contreras & Jacob S. Sherkow, Science 355: 698 (2017).
7.2Illustration from one of Duncan’s “Bandalore Toy” patents, U.S. Pat. No. D175,022 (June 28, 1955). Source: US Patent and Trademark Office.
7.3Martha Stewart display inside a J.C. Penney’s store. Source: J.C. Penney’s.
7.4Lucy Christiana Lady Duff Gordon (1863–1935). Source: public domain.
8.1Spyglass, Inc. licensed its Mosaic web browser code to Microsoft for $2 million. Source: Spyglass, Inc.
8.2Former President Barack Obama received a $20 million advance in 2017 for his memoir Dreams from My Father, the largest single-book advance on record, though some argue that Bill Clinton’s $15 million advance for his 2001 memoir My Life was larger in inflation-adjusted dollars. Source: Times Books.
8.3The Walt Disney Company owns some of the world’s most valuable brands and is reported to earn 15.5 percent of all IP licensing revenue in the United States. Source: The Walt Disney Co.
8.4H.W. Allen (1909–1979) with a prototype of his compound bow invention. Source: unknown/public domain.
8.5The court in Allen Archery held that a crossbow’s stock, overdraw mechanism and camouflage paint were not “accessories” excluded from the royalty calculation, even if they were not covered by the patent claims and could be purchased separately. Source: Getty Images.
8.6Sales illustrating the importance of carefully allocating sublicensing income. Source: the author.
8.7Stanford University is reported to have earned $336 million by selling shares of Google stock in the company’s 2004 IPO and subsequent offerings. Source: Getty Images/Alan Perlman Foto Associates.
8.8The SGK–Hercules agreement concerned patent rights in polypropylene, a plastic used to make a wide range of products from Tic-Tac containers to furniture. Source: Alex Rio Brazil, CC BY-SA 3.0.
9.1To what degree might a software logistics system customized for the wine and spirits market be useful in the pharmaceuticals market? Source: the author (using free clipart).
9.3U.S. Patent No. 3,377,933 was assigned to Pav-Saver Corp. and licensed exclusively to the PSMC joint venture. Source: US Patent and Trademark Office.
10.1After the Warhol estate granted rights in many of Andy Warhol’s works to SNC, other deals began to emerge, including an exclusive license of Warhol’s prints to a watchmaker. Source: unknown.
10.2The 1993 film Jurassic Park introduced many viewers to the dangers of malicious computer code. Source: Universal Pictures.
10.3Illustration of the basic structure for IP indemnification. Source: the author.
10.4The parties and dispute in SoCal Gas v. Syntellect. Source: the author, using images of unknown origin.
11.1The 2016 film Fathers and Daughters starring Russell Crowe and Amanda Seyfried was the subject of the copyright dispute in Fathers & Daughters Nevada, LLC v. Zhang. Source: Lakeshore Entertainment and Voltage Pictures.
11.2A 1995 stainless steel Benrus “Men’s Modern” watch issued to commemorate the fiftieth anniversary of D-Day. Source: unknown.
11.3According to its website, the North Carolina Coalition for Global Competitiveness “wants people all around the world to recognize and know North Carolina as a great place to invest, work, study, visit, partner, and live.” Source: https://goglobalnc.org/global-engagement/.
12.1A 1915 advertisement for Listerine. Source: public domain.
12.2Operation of a nondisturbance agreement. Source: the author.
13.1Elihu Thomson, founder of the Thomson Electric Welding Co., was one of the late nineteenth century’s greatest inventors, with nearly 700 patents to his name. Source: public domain.
13.2The Supreme Court’s 1852 decision in Troy Iron & Nail first established that patent licensing agreements are not assignable. Source: public domain.
13.3Asset acquisitions, stock acquisitions and mergers. Source: the author.
13.4Guardian Glass got its start as a manufacturer of automotive windshields. Source: public domain.
13.5Historically, patented articles were marked with applicable patent numbers. Source: the author.
13.6Many older agreements still provide for official notice by Telex or teletype machine. Source: ArnoldReinhold, CC BY 2.0.
14.2Stanford University failed to acquire rights in one of its researchers’ inventions due to the future-looking language of its IP assignment policy. Source: “New stadium, wide-angle view” by maveric2003, CC BY 2.0.
14.4Federal laboratories like Sandia National Laboratory in New Mexico have active technology licensing and commercialization programs. Source: Sandia National Lab.
14.5Tobacco plants have been genetically modified to grow larger, faster and more efficiently. Source: public domain.
15.1In Two Pesos v. Taco Cabana, the Supreme Court recognized the protectable elements of Taco Cabana’s interior and exterior store design – features that are regularly licensed as part of fast-food franchises. Source: unknown.
15.2Apple’s 2013 registration for the Apple Store layout (No. 4,277,914). Source: US Patent and Trademark Office.
15.3In addition to the Star Wars® brand, the copyrighted Star Wars characters have been licensed for use in thousands of products from plush toys and action figures to knee socks and table lamps. Source: various online sources.
15.41932 design patent for the “Betty Boop” character. Source: U.S. Patent and Trademark Office.
15.5Denver Chemical sold its popular “Antiphlogistine” compound as a general topical analgesic. Source: public domain.
15.6Dawn Donut Co. licensed its trademark to bakeries and retailers who used its packaged mixes for doughnuts, coffee cakes, cinnamon rolls and oven goods. Source: unknown/public domain.
15.7Label from a bottle of DaVinci Chianti. Source: unknown.
15.8Competing “XX” marks used by Exxon Corp. and Oxxford Clothes. Source: unknown.
15.9Exxon’s XX trademark registration and other XX marks challenged by Exxon and subject to phrase-out agreements. Source: US Patent and Trademark Office.
15.10Beginning in 1925, Howard Johnson used franchising to expand from a single soda fountain outside of Boston into a nationwide chain of more than 1,000 orange-roofed family restaurants. Source: public domain.
15.11Subway’s national $4.99 Footlong promotion reportedly hurt franchisees. Source: Subway.
15.12The cover of Dunkin’ Donuts 2008 Franchise Disclosure Document (508 pages in total), which discloses that a total investment of $240,250–1,699,850 is required to acquire and begin operations of a Dunkin’ Donuts franchise Source: Dunkin Donuts.
15.13The (now-closed) IHOP in Spanish Fort, Alabama. Source: unknown.
16.1Prior to 1972, US copyright law did not protect sound recordings, leaving performances of public domain works (such as much of the classical repertoire) entirely without protection. Source: “Dublin Philharmonic Orchestra performing Tchaikovsky’s Symphony No 4 in Charlotte, North Carolina.jpg” by Derek Gleeson, CC BY-SA 3.0.
16.2Paper rolls used in player pianos were the first “mechanical” reproductions of music. Source: public domain.
16.3In 2010, the Copyright Royalty Board determined compulsory licensing rates for ringtones. Source: unknown.
16.4US music industry revenues, 2004 and 2013. Source: Recording Industry Association of America.
16.5SoundExchange, BMI, ASCAP and SESAC logos. Source: logos are owned by their respective owners.
16.6Recording artist Rihanna objected via Twitter to the Trump campaign’s performance of her song “Don’t Stop the Music.” Source: Twitter/Rihanna.
16.7John Williams, who composed the music for Star Wars, won the 1978 Oscar for Best Original Score. Source: Twentieth Century Fox.
17.2Mortenson used Timberline’s Precision Bid Analysis software to prepare a bid for a project at Harborview Medical Center in Seattle. Source: unknown.
17.3A 1980s-era computer terminal of the type at issue in Step-Saver. Source: unknown.
17.4Vendors have sought to control the use of products, including seedless grapes, through “shrinkwrap” agreements. Source: Twitter/TubeTime.
17.5Netscape Navigator was the most popular early web browser. Source: Netscape Communications.
17.6Number of terms changed, 2003 vs. 2010. Source: Florencia Marotta-Wurgler and Robert Taylor, 88 NYU L. Rev. 240 (2013).
17.7Chief Justice Roberts admits that he doesn’t read the fine print … Source: United States Supreme Court.
18.1In the 1980s, Xerox sold investment portfolios comprising revenue streams from hundreds of leased photocopier machines. Source: Xerox Corp.
18.2Amazon makes a range of applications available on a service-basis through Amazon Web Services (AWS). Source: Amazon Web Services.
19.1The Creative Commons suite of licenses. Source: Creative Commons
19.2Richard Stallman, founder of the free software movement, speaking in Oslo as Saint IGNUcius in 2009. Source: Gisle Hannemyr, CC BY-SA 2.0.
19.3Eric Raymond, one of the founders of OSI, in 2004. Source: Eric S. Raymond.
19.4A “daemon” is a type of software agent. Source: BSD Project.
19.5Graphical illustration of the perceived “viral effect” of GPL software combined with proprietary software. Source: the author.
19.6In 1999 TiVo introduced the first successful mass-market DVR device. Source: TiVo.
19.7Screenshot from the DecoderPro model railroad control software released by Jacobsen for the JMRI project. Source: DecoderPro.
19.8Jacobsen v. Katzer concerned OSS used to control model trains. Source: MIKI Yoshihito, CC BY.
19.9Major OSS successes include the Linux and Android operating systems, the Apache web server, the Firefox browser and Red Hat, which provides services related to Linux. Source: logos are owned by their respective owners.
19.10Elon Musk, the flamboyant CEO of Tesla Motors, pledged all of the company’s patents in a 2014 blog post. Source: Maurizio Pesce, CC BY 2.0.
20.1A lack of standardized fire hydrant couplings resulted in a tragic loss of life and property in the 1904 Baltimore fire. Source: public domain.
20.2A 2017 meeting of the Internet Engineering Task Force (IETF). Source: the author.
20.3(a) Contract paradigm – black to white: “I will grant you a license.” (b) Standards Paradigm – black to SDO: “I will grant implementers a license.” Source: the author.
21.1Some technology escrow providers. Source: logos are owned by their respective owners.
22.1The gyroscope invention in Lear v. Adkins. Source: US Patent and Trademark Office.
22.2The Drackett Chemical Company of Cincinnati, Ohio, created many household cleaning products that are still in use, including Windex, Dawn and Drā no. Source: Drackett Chem. Co. – public domain.
22.3In Troxel v. Schwinn, Schwinn held a design patent for a bicycle seat issued in 1966. Source: US Patent and Trademark Office.
22.4Flex-Foot’s patented “bladerunner” prosthesis design gained worldwide attention when used by South Africa’s Oscar Pistorius to run the 400 m sprint at the 2012 London Olympics. Source: (L) U.S. Patent and Trademark Office; (R) theglobalpanorama, CC BY-SA 2.0.
22.5Porcelain figurine based on a Norman Rockwell illustration. Source: unknown.
22.6One of the Idaho Potato Commission’s certification marks for Idaho-grown potatoes. Source: Idaho Potato Commission.
23.1The Castaway: Three Great Men Ruined in One Year – A King, A Cad and a Castaway, by Hallie Ermine Rives (1904). Source: Library of Congress.
23.3In Enesco v. Price/Costco, Costco repackaged porcelain angels manufactured by Enesco in allegedly inferior packaging. Source: (L) unknown; (R) Costco.
23.4Figures from U.S. Patent No. 38,713 (May 26, 1863) “Improvement in Coffin Lids.” Source: US Patent and Trademark Office.
23.5The parties in Quanta v. LGE. Source: logos are owned by their respective owners.
23.6An Intel chip integrated into a computer board. Source: unknown.
23.7A portion of the product information brochure for Mallinckrodt’s UltraVent device. Source: Mallinkrodt, Inc.
23.8J. Walker, Fundamentals of Physics (Wiley, 8th ed. (US), 2008) – one of the textbooks at issue in Kirtsaeng v. Wiley. Source: John Wiley & Sons, Inc.
23.9Justice Ruth Bader Ginsburg dissented in both Kirtsaeng and Impression Products. Source: U.S. Supreme Court.
23.10Flow of goods in the “gray market.” Source: the Author; Nike, Inc.
23.11Nestlé sought to prevent its former distributor from importing Venezuelan Perugina-branded chocolates into Puerto Rico. Source: Societe Des Produits Nestle, S.A.
24.1G.S. Suppiger Co. leased its patented salt-depositing machines to canneries with a contractual requirement that they purchase unpatented salt tablets exclusively from Suppiger. Source: public domain.
24.2The 1931 Minneapolis-Honeywell furnace control system patent and a Honeywell furnace switch (unpatented). Source: (L) US Patent and Trademark Office; (R) unknown.
24.3Prior to the introduction of mechanical hop-picking equipment, the harvesting of hops was a labor-intensive manual process. Source: US Department of Agriculture.
24.4Kimble v. Marvel involved a licensing agreement entered into to settle patent litigation over the popular “Web Blaster” toy. Source: ToyBiz.
24.5Decided nearly two decades apart, Automatic Radio and Zenith both involved licenses by Hazeltine, an early electronics patent aggregator and licensing entity. Source: unknown.
24.6Lasercomb’s software related to the computer-aided design of steel rule dies for cutting cardboard. Source: Getty Images/Bloomberg.
24.7Video Pipeline allegedly displayed short clips of more than sixty Disney films on its website without authorization. Source: Walt Disney Co.
25.1The Sherman Act was enacted to combat the worst abuses of sprawling business “trusts.” Source: public domain.
25.2Unlike most countries, the United States has two antitrust enforcement agencies with overlapping jurisdiction and sometimes conflicting policies. Source: U.S. government.
25.3Some of the brands developed by Topco. Source: Topco Association.
25.5With “block booking,” in order to show classic films like Casablanca, television stations and movie theaters were also required to license, and pay for, “B” movies like The Gorilla Man. Source: Warner Bros.
25.6Häagen-Dazs successfully argued that inexpensive and expensive ice cream products compete in the same market. Source: unknown.
25.7Microsoft’s Windows operating system captured 95 percent of the relevant operating system market. Source: Microsoft Corp.
25.8The Nickelodeon Theater in Santa Cruz, Cal. Source: “The Nick” by ESHELMS, CC BY 2.0.
25.9The National Electrical Code is published by the National Fire Protection Association. Source: National Fire Protection Association.
26.1Basic structure of a patent pool with per-patent allocation of royalties and no pool administration charges. Source: the author.
26.2In this iconic 1904 illustration from Puck, the Standard Oil Company is depicted as a malignant octopus wrapping its tentacles around state and federal legislatures, the White House and representatives of the steel, copper and shipping industries. Source: public domain.
26.3The US Navy pressured feuding aircraft manufacturers Curtiss and Wright to form an early aviation patent pool prior to US entry into World War I. Source: US Patent and Trademark Office.
26.4Patents covering many important standards today are licensed through patent pools. Source: logos are owned by their respective owners.
26.5Two manufacturers of PRK equipment for laser eye surgery pooled their patents in an arrangement challenged by the FTC. Source: US Air Force.
26.6Can patent pools promote the broad accessibility of CRISPR gene-editing technology? Source: National Institutes of Health.
26.7Cellular communication protocols have evolved to enable better, faster and higher bandwidth connections and voice, data and video content transmission. Source: the author, photos from various unknown sources.
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