Words Matter: IP Licensing In Changed Circumstances

Law360, New York (June 4, 2010, 12:41 PM EDT) -- “Boy, I didn’t see that coming.” Whenever that thought crosses the mind of a licensing professional, it’s a sure sign that clear skies and sunshine are not on the horizon. The unexpected has happened, some threat to a carefully calibrated licensing deal has arisen, and the prospect of undesirable litigation about the scope of a license is not that far away.

In a series of recent licensing decisions, appellate courts have grappled with such unforeseen scenarios, all arising in the wake of some corporate transaction taking...
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