SoundExchange Dealt a Blow To Enforcing Delinquent Royalties
By Anthony J. Wenn & Beverly A. Berneman
Intellectual Property,
December 2025
The Southern District of New York case, SoundExchange v. Sirius XM Radio Inc., has profound implications, including weakening SoundExchange's legal leverage, creating uncertainty about mechanisms to recover underpaid royalties, and future potential legislative action.
Marching Forward: How NIH’s Proposed Framework Could Reshape the Bayh-Dole Act’s Use of March-in Rights
By Anthony J. Wenn, Frank Brefo, & Sarah Dunkley
Intellectual Property,
June 2024
In December 2023, the National Institute of Standards and Technology released a draft framework that includes price as a factor for encorcing "march-in" rights under the Bayh-Dole Act. If implemented, this framework marks a significant policy shift, making it clear that the government can effectively recapture the exclusive rights of technology derived from federally funded research if the price of a product is deemed too high.
Spot an error in your article? Contact Celeste Niemann at cniemann@isba.org. For information on obtaining a copy of an article, visit the ISBA Newsletters page.
Select a Different Author
