Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Derivative Applications for Patent License Agreements
Successful patent licensing transactions provide 'win-win' outcomes for both the licensor and the licensee; that is, both negotiating parties realize a benefit under the consummated transaction. However, defining mutually agreeable terms and royalty structures can present challenges for licensors and licensees alike, particularly when the commercial potential for the patents under consideration is unproven or unknown at the time of the negotiation. The dilemma of successfully pricing early stage technology is further exacerbated when one or both of the negotiating parties are resource constrained or lack experience in the relevant market. The authors propose that the application of derivative provisions, such as those commonly found in the financial markets, to patent license agreements may mitigate licensing risk and provide attractive alternatives to those interested in altering the inherent tradeoffs of traditional licensing structures.
Derivative Instruments
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.