IP licensing; conditional sales

Article Abstract:

Issues regarding customized patent licenses for downstream licensees with no privity are discussed. In the first approach, the licensor can use "shrink-wrap" licensing techniques to get around intermediaries and claim a contract directly with the end-user or reseller. In the second approach, the licensor relies on its licenses with the initial transferee, and on copyright and patent law for enforcement against all subsequent transferees.

Shrink-wrap license agreements, Software licensing

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Patent law; strategic due diligence

Article Abstract:

Guidelines for conducting thorough intellectual property due diligence and the subjects whichh should be covered is discussed. The process should cover the validity and enforceability of the patents, their strength and breadth, the freedom to operate they allow the company, and possible offensive or defensive strategies to position to broaden exclusivity.

Investigations, Patents

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Market-driven method preserves patents' value; when IP counsel, R&D, sales and marketing work together, patent protection is optimized

Article Abstract:

The importance of having marketing and sales personnel work together with intellectual property counsel on optimizing patent protection is discussed. This method will help ensure patents whichh track market demand and block all alternate routes a competitor might have to fulfil that demand.

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