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Impact of patent licensing on patent litigation and Patent Office proceedings.
January 1, 2003... Within the last decade, there has been an explosive growth in the importance of intellectual property (IP) as a corporate asset. In business enterprises based primarily on the transfer of information or high technology, IP is often the...
Most favored licensee clause: a tool for narrowing risk imbalances between licensors and licensees.
January 1, 2003... Every outlicensing program necessarily starts with the first licensee and every licensor should begin its initial negotiations with clear strategic and business goals in mind. The issues that a licensor must confront in order to achieve these...
Enforcement of intellectual property rights in franchising: an area ideal for cooperation but also possibly for conflict.
January 1, 2003... Franchising has become one of the most common and well known areas for the licensing of intellectual property in the United States. (1) Indeed, franchising is arguably the dominant means for distributing consumer goods and services in the US...
Art licensing.(licensee and licensor bankruptcies)
January 1, 2003... These days it seems like bankruptcy is the only industry that's hopping. Artists, art licensees, and agents have been affected, and all have often been caught off guard at how their licensing deals can change or evaporate as their licensing...
Character licensing.(trademark and copyright notices)
January 1, 2003... Trademark and Copyright Notices
A character license agreement often will cover the use of both trademarks and copyrighted works. The license agreement will typically specify the licensor's notices for trademarks and copyrights required...
Collegiate licensing. (market for firms interested in seeking collegiate merchandise licenses)
January 1, 2003... College and university merchandise is classically American, in letter and in spirit. Nowhere is this more apparent than in the type of merchandise licensing that colleges and universities practice. It is at once hugely popular, an estimated...
Self-imposed statute of limitations.(software licensing)
January 1, 2003... Self-Imposed Statute of Limitations
In Compuware Corp. v. Health Care Service Corp. [No. 01 C 0873, 2002 U.S. Dist. LEXIS 9310 (N.D. Ill., May 24, 2002)], the court addressed the enforceability of a self-imposed statute of limitations in...
A little history of licensing in Major League Baseball.
January 1, 2003... A Little History of Licensing in Major League Baseball
This is my first column for Licensing Journal and I am very honored to be able to contribute to this publication. I am a business lawyer with a focus on antitrust. Most of my time is...
Effect of US license on personal jurisdiction over Canadian defendant.(Deprenyl Animal Health Inc. v. University of Toronto Innovations Foundation)
January 1, 2003... Effect of US License on Personal Jurisdiction over Canadian Defendant
A recent decision by the Court of Appeals for the Federal Circuit [Deprenyl Animal Health Inc. v. University of Toronto Innovations Foundation, 63 U.S.P.Q.2d 1705...
New insurance products address intellectual property/cyberspace risks.
January 1, 2003... New Insurance Products Address Intellectual Property/Cyberspace Risks
Intellectual property prosecution policies provide the necessary funding to pursue lawsuits in order to stop the infringement of IP assets. Pursuit insurance has...
Considerations in selecting an agent.(licensing programs)
January 1, 2003... Considerations in Selecting an Agent
Rarely do Licensors have the wherewithal to handle all of their sales and marketing initiatives on an in-house basis. As a result, the use of agents is common and, for many Licensors, agents play a...