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Benjamin Hodges

is a registered patent attorney in Foster Garvey’s Seattle office. His litigation experience includes managing complex civil litigation cases of all types, including post grant IP matters, patent, unfair competition, trademark and trade dress, copyright, property disputes, and breach of contract cases. He also has experience in cases involving preliminary injunctive relief.

For more information or to contact Ben, please visit his Firm Profile Page.

Recent Articles by Benjamin Hodges

The Impact of COVID-19 on IP Contracts

The global coronavirus (COVID-19) pandemic is disrupting industry on an enormous scale, and its effects are likely to be significant and long-lasting. In response to shelter-in-place orders around the country, businesses are closing, sales of “non-essential” goods and services are declining, and many parties find themselves unable to meet their contractual obligations to business partners or incapable of receiving the benefit of contracted-for goods or services. Such businesses are turning to their contracts in search of provisions that might excuse breaches of contract under these circumstances. These contracts can include IP licenses. These licenses often contain agreements with sales minimums or royalty agreements that may be difficult, if not impossible, to meet during this time of interrupted business and sales. Licensees and licensors both have options under common licenses to either enforce, or excuse, provisions due to COVID-19.

Net Neutrality: How Recent Developments Could Affect Content Companies and Other IP-Intensive Businesses 

Net neutrality provides that all ISPs should provide equal access to content, at an equal speed, without discrimination against particular sources, thereby preventing broadband providers from blocking, slowing down or charging money for specific content. Proponents of net neutrality point out the importance of equal access to consumers on the internet for companies creating content and intellectual property on the internet, while opponents view FCC regulations as overreaching and unnecessary. Whether through national legislation, a change in FCC position or state laws and the accompanying lawsuits, the debate regarding net neutrality is not over yet and the year ahead will likely hold many new developments.