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xxxviii, 765 pages : forms ; 26 cm
  • Preface
  • Some premises and commentary
  • Legal principles
  • Enforcement of licensed patents
  • Express agreements : nonexclusive licenses, nonassertion agreements, and exclusive licenses
  • Specific types of licenses
  • Intellectual property licenses and the Uniform Commercial Code
  • Implied licenses
  • Patent exhaustion
  • Issues in license agreement negotiation
  • The opening part of the agreement
  • Definitions
  • The granting clause; elements of the grant; definition of licensed subject matter
  • Reservations and improvements
  • Royalties, reports, and payments
  • RAND principles
  • United States tax issues relating to transfers of patents and know-how
  • Protection for a nonexclusive licensee
  • Transferability of rights and obligations of license agreements
  • Representations, warranties and negation of implications
  • Indemnification and liability insurance
  • Licensing of pending patent applications
  • Alternative dispute resolution
  • Common provisions of consequence
  • Term and termination of the agreement
  • Execution of agreements : problems of authority and proof
  • Bankruptcy law considerations
  • Validity and construction of patents
  • Settlement of patent litigation
  • Confidential disclosure agreements
  • Agreements concerning the sale or other transfer of unpatented technological values
  • Collaboration agreements
  • Cross-border licensing issues
  • Export laws and regulations of the United States
  • University and government licensing
  • Selected competition law issues.
"[This book] illustrates the growing importance of intellectual property transactions to business and the resulting attention such transactions receive in legislative, regulatory, and judicial areas. The new Eighth Edition tracks and discusses-clause by clause-all the critical components of patent and technology license agreements as well as non-disclosure agreements and collaboration agreements. The Eighth Edition also presents a current overview of all legal issues surrounding licensing including, patent exhaustion, antitrust, bankruptcy, Bayh-Dole, and export control. It includes new chapters on the UCC and licensing and on RAND licensing. Sample provisions include references to applicable legal and practical consequences. Major cases covered include Kimble v. Marvel Entertainment LLC; Azure Networks LLC v. CSR PLC; Helferich v. New York Times; STC.UNM v. Intel Corp.; Ericsson Inc. v. D Link Systems Inc.; Jaffe v. Samsung Electronics Co.; Microsoft Corp. v. Motorola Inc.; and FTC v. Actavis Inc."-- Provided by publisher.
Law Library (Crown)
LAW-4011-01, LAW-4011-01
x, 185 p. ; 23 cm.
  • Why license? : anatomy of a shrink-wrap license
  • Contract basics and drafting style
  • The universe of deals
  • Privity and integration
  • Ownership and transfer of intellectual property
  • License grants
  • Confidentiality and nondisclosure
  • Royalties
  • Bankruptcy and escrows
  • Selected topics on international licensing
  • Warranties, indemnities, and limitations of liability
  • Ethics and negotiation
  • Substantive review : miscellaneous contract law.
Law Library (Crown)
LAW-4011-01, LAW-4011-01