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The three authors of this treatise examine the entire fabric of business and business innovation through the lens of licensing. Specialized topics include upstream licensing and Open Source Licenses, bankruptcy issues, taxation concerns, misuse and antitrust questions in licensing, federal government procurements, and privacy and information licensing.
Successfully identify, acquire, and transfer rights to protected IP through licensing.
As licensing law is created and revised to keep pace with developer and user needs, Intellectual Property, Software, and Information Licensing: Law and Practice provides the information and tools practitioners need to develop comprehensive licensing agreements, rectify existing problems, maximize returns within the legal boundaries, anticipate new concerns, and avoid potential pitfalls. Unlike other licensing treatises, which focus on either license drafting or on the theory of license agreements, this treatise draws from the authors’ wealth of professional expertise to develop a balanced treatment that is both practical and theoretical in its approach.
The treatise offers in-depth coverage of such specialized topics as upstream licensing and Open Source Licenses, bankruptcy issues in licensing, tax concerns in licensing, misuse and antitrust questions in licensing, federal government procurements and licensing, and privacy and information licensing.
The 2014 Cumulative Supplement offers analysis of the Supreme Court’s decision regarding a covenant not to sue in the trademark dispute Already, LLC v. Nike, Inc.; discussion of the Supreme Court’s ruling on “reverse payment” settlement agreements that arise in the context of pharmaceutical drug regulation in F.T.C. v. Actavis, Inc., in which the Court ruled that such payments must be subjected to “rule of reason” antitrust analysis; review of the Supreme Court’s ruling in Bowman v. Monsanto, where it reasoned that the patent exhaustion doctrine does not protect a plaintiff who was sued for infringement for planting seeds purchased under a licensed agreement that allowed growers to plant them only for one season because the plaintiff’s right to use a patented article did not include the right to create a new article based on the original; and analysis of the Supreme Court’s ruling in Medtronic, Inc. v. Boston Scientific, determining that the burden of persuasion regarding infringement in a declaratory judgment is on the patent holder.
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