Analyzing the New Dangers of Potential Patent Controversies: A General Guide
Bill Schuurman and D.C. Toed III, 41(3): 727–45 (May 1986)
Two recent judicial trends—willful patent infringement and the so-called fraud on the Patent and Trademark Office—have increased the need for early attention to potential patent infringement controversies. This Article offers general guidelines for analyzing potential patent infringement controversies in view of these trends. A glossary is provided.
The EEC Patent Licensing Regulation—Practical Guidelines
Michael L. Coleman and Dieter A. Schmitz, 42(1): 101–19 (Nov. 1986)
The long-awaited Patent Licensing Regulation of the European Economic Community now allows parties to draft patent license agreements that are exempt from some of the EEC competition rules. Beginning with a general overview of Article 85 of the Rome Treaty, this Article briefly reviews the historical background of licensing under the case law of the EEC Commission and the European Court and then analyzes the new Regulation. Finally, the Article offers some practical recommendations for the person who faces an EEC licensing situation.
The Effect of Corporate Acquisitions on the Target Company's License Rights
Elaine D. Ziff, 57(2): 767 (Feb. 2002)
Mergers and acquisitions are increasingly driven by the desire to obtain the target company's intellectual property rights-namely, patents, copyrights, and trademarks. Where, however, such rights are merely licensed to the target company, the acquirer must consider whether such rights will survive the transaction intact. The transferability of intellectual property license rights is not is not governed solely by general contract principles, due to federal policies that support authors and inventors. This Article examines the specialized body of precedent dealing with the assignability of intellectual property license rights under a variety of acquisition structures, including asset sales, mergers, and stock purchases. Understanding the factors that have influenced courts in this area will assist practitioners in assessing the risk of whether the target company's license rights will be adversely affected by the consummation of the transaction.
Task Force Introductory Report and Background Considerations Model Intellectual Property Security Agreement
Model Intellectual Property Security Agreement Task Force, Commercial Finance committee and Uniform Commercial Code committee, ABA Business Law Section, 771(3): 849-932 (Summer 2016)