"This edition explains and emphasizes techniques that produce patents that may have broader interpretations and strengthened validity, which may have more impact in litigation and which may face less resistance by licensing targets"--

Misuse is an increasingly important topic because of the central role intellectual property plays in our economy. The consequences of a misuse finding are severe: unenforceability of the patent or copyright involved, and defense to a suit to recover royalties in a license. The defense continues to arise in patent cases, has led to the dismissal of several recent copyright cases, and is now being asserted in trademark cases. The misuse defense thus represents a nexus of intellectual property and antitrust law and has the potential to affect business practices involving computer copyrights and other areas highly relevant in today's economic environment. This timely handbook covers the origin and development of the misuse doctrine, the debate about its scope and existence in relation to antitrust law, and its present status in patent, copyright, and trademark law. It also gives practical insights into how the doctrine affects both licensing and litigation practice.

This Manual focuses on issues essential for understanding licensing, including: the context in which licensing may occur; key terms of a licensing agreement and negotiation methods; and how to prepare for and negotiate a win-win licensing contract.

A comprehensive and practical textbook in the field of intellectual property licensing.

This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.

In todayand’s fast-paced and ultra-competitive high-tech environment, an effectively managed patent licensing program is a must. The Second Editio n of Drafting Technology Patent License Agreements shows you how to achieve one. This valuable resource covers all of the legal and business transactional issues you are likely to encounter during the drafting and negotiation of patent licensing agreements. It guides you step-by-step through the unique aspects of the implementation of a patent licensing program for computers, electronics, telecommunications, and other industries, and it clarifies the issues involved in the enforcement and litigation of these patents. Youand’ll find incisive legal analysis on complex issues including: How to implement an aggressive and well-managed patent licensing program How to evaluate a patent or portfolio for licensing How to identify industry segments and select potential licensees How to discuss terms with industry targets How to formulate an effective licensing strategy How to use databases effectively in patent practice How to organize a licensing team How to file a patent infringement lawsuit And many more critical issues like these. Included with this key resource are 40 time-saving forms on the bonus CD-ROM: Forms for establishing a new technology company using patented technology Confidentiality agreements (for a third-party vendor, third party evaluation, or consultant) A projected royalty stream analysis A semiconductor technology cross-licensing agreement Software technology license agreements Model licensing and patent agreements for the telecommunications industry And many more!

"I have studied Rosen's book in detail and am impressed with its scope and content. I strongly recommend it to anybody interested in the current controversies surrounding open source licensing." --John Terpstra, Samba.org; cofounder, Samba-Team "Linux and open source software have forever altered the computing landscape. The important conversations no longer revolve around the technology but rather the business and legal issues. Rosen's book is must reading for anyone using or providing open source solutions." --Stuart Open Source Development Labs A Complete Guide to the Law of Open Source for Developers, Managers, and Lawyers Now that open source software is blossoming around the world, it is crucial to understand how open source licenses work--and their solid legal foundations. Open Source Initiative general counsel Lawrence Rosen presents a plain-English guide to open source law for developers, managers, users, and lawyers. Rosen clearly explains the intellectual property laws that support open source licensing, carefully reviews today's leading licenses, and helps you make the best choices for your project or organization. Coverage includes: Explanation of why the SCO litigation and other attacks won't derail open source Dispelling the myths of open source licensing Intellectual property law for nonlawyers: ownership and licensing of copyrights, patents, and trademarks "Academic licenses" BSD, MIT, Apache, and beyond The "reciprocal bargain" at the heart of the GPL Alternative licenses: Mozilla, CPL, OSL and AFL Benefits of open source, and the obligations and risks facing businesses that deploy open source software Choosing the right license: considering business models, product architecture, IP ownership, license compatibility issues, relicensing, and more Enforcing the terms and conditions of open source licenses Shared source, eventual source, and other alternative models to open source Protecting yourself against lawsuits