2012. [Intellectual Property]. Drafting Patent License Agreements, Seventh Edition. Brian G. Brunsvold, Dennis P. O'Reilley and D. Brian Kacedon. Bloomberg BNA, 2012. xxxv, 699 pp. [with] 2012 Forms on CD-ROM at rear inside cover. Ex-private law firm library with location label at foot of spine and small bar code label on front cover, else very good. * Tracks and discusses-clause by clause-all the critical components of a licensing agreement. This handbook illustrates the growing importance of intellectual property transactions to business and the resulting attention such transactions receive in legislative, regulatory, and judicial areas. Chapters on bankruptcy as it applies to licensing, a new chapter on enforcement of licensed patents explaining the complex issues of standing to sue, an extensive discussion of indemnity provisions, and an examination of the new circuit courts' disagreement over the antitrust consequences of reverse payment settlements. This work presents an overview of all legal issues surrounding licensing and of every typical provision used in patent and know how licenses. Sample provisions are provided with references to applicable legal and practical consequences. The new edition discusses major new cases, including: WiAV Solutions LLC v. Motorola, Inc., concluding that an exclusive licensee has standing to sue for infringement despite existence of others with right to grant sub-licenses Stanford v. Roche and Preston v. Marathon Oil Co., finding that a contract presently assigning future inventions takes precedence over a contract promising to assign in the future Stanford v. Roche, holding that the Bayh-Dole Act does not supersede the requirement to get assignment of invention from employee Tessera, Inc. v. International Trade Commission, ruling that exhaustion of a patent occurs on sale by licensee, not on payment of royalties by licensee Sunbeam Products, Inc. v. Chicago American Manufacturing LLC, determining the rejection of license in bankruptcy does not terminate the agreement, and a trademark licensee retains license rights despite being excluded from effect of 365(n) Rates Tech., Inc. v. Speakeasy, Inc., concluding that a no challenge clause in a settlement agreement is unenforceable if settlement occurred before litigation In re K-Dur Antitrust Litigation, holding that reverse payment set (Inventory #: 65887)
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