Book

Intellectual Property, Software, and Information Licensing: Law and Practice, with 2017 Cumulative Supplement

The three authors of this treatise examine the entire fabric of business and business innovation through the lens of licensing.


Description

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.


Supplement Information

New in the 2017 Cumulative Supplement:

  • The Supreme Court held in Impression Product v. Lexmark that patent exhaustion applies at the moment of sale even when the sale is subject to contractual restriction; the decision alters how patent holder can impose restrictions in post-sale patented products in the U.S. and abroad
  • The Federal Circuit ruled that the assignment of intent-to-use trademark application prior to the filing of a Statement of Use constituted an improper assignment prohibited under Section 1060(a)(1) of the Lanham Act
  • The Ninth Circuit determined that if the licensor has never consented to the assignment of the trademark license agreement, the purported assignment is invalid
  • The Federal Circuit allowed standing in Luminara World Wide v. Liown Electronicswhere the licensee had all the exclusive rights to the asserted patents and the licensor retained some licensing rights; and much more

 

Authors

Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.
Xuan-Thao N. Nguyen, B.A., J.D., is the Gerald L. Bepko Chair and Director, Center for Intellectual Property Law and Innovation, Indiana University Robert H. McKinney School of Law, Indianapolis, IN.
Robert W. Gomulkiewicz, B.A., M.A., J.D., is the UW Law Foundation Professor of Law and serves as Faculty Director of the Law, Technology & Arts Group at the University of Washington School of Law, Seattle, WA.
Professor Danielle M. Conway is the seventh dean and first African American to lead The University of Maine School of Law. She assumed her new role on July 1, 2015. Previously,Dean Conway served as the Michael J. Marks Distinguished Professor of Business Law and Director of the Hawai‘i Procurement Institute at the University of Hawai‘i at Mānoa, William S. Richardson School of Law. Over the past 14 years, Conway earned a reputation as an expert in public procurement law, entrepreneurship, and as an advocate for minorities and Indigenous Peoples. She also has more than 20 years of active and reserve duty service with the U.S. Army, and currently serves as a Lieutenant Colonel.

Since 2003, Dean Conway has been of counsel at Alston Hunt Floyd & Ing LLP. She is a graduate of the Stern School of Business at New York University, Howard University School of Law, and earned her LL.M. degree from The George Washington University School of Law. She was the Godfrey Visiting Scholar at the University of Maine School of Law in 2008.

Contents

View full tables of contents and read the book’s preface or introduction.