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The Fallacy Of The “Best Efforts” Standard

Shawn C. Helms Contract negotiators and lawyers around the country spend hours negotiating seemingly slight changes in contract language. Often these slight changes have significant legal consequences. Other times, they do not. For example, most negotiators and lawyers, in an effort to protect a client, will fight hard to remove a ‘best efforts’ standard from […]

Risks To Consider When Purchasing Technology Based IP For Securitization

Dan RomanMichael Sarlitto This article is focused on the risks associated with technology-based intellectual property (“IP”) and will provide transaction evaluators and originators with a working list of risk-influenced items to consider when reviewing opportunities involving the purchase of IP for securitization, specifically in cases where the source of the asset’s value is derived from […]

Meeting Members Worldwide

Ronald GrudzieckiPresident, LES International Wow! It’s hard for me to believe that I’m more than half done with my Presidency. Time flies and so does the President. One of the really good things about this job is the opportunity to meet with members around the world on their home territory. Most people can’t make the […]

Managing An Out-Licensing Program: The State-Of-The-Art

Ulrich LichtenthalerHolger Ernst Technology licensing has recently become a broader trend in many industrial firms. However, the insights into the current extent and management of corporate out-licensing are strongly limited. Therefore, this paper presents the results of a questionnaire-based study into the outlicensing activities of 154 European firms across industries. The study provides large-scale empirical […]

GPL Version 3: Two Steps Back For Open Source Licensing, Interoperability, And Open Innovation?

Francis M. BuonoMcLean Sieverding The information technology (“IT”) industry is experiencing the highest level of interoperability in its history and customers today are the direct beneficiaries experiencing an unprecedented level of competition, choice, and innovative solutions. The world has changed considerably in that a key path to achieving interoperability is often the partnering and technical […]

Dreadful Drafting: The Do’s And Don’ts Of Non-Disclosure Agreements

John T. Ramsa 1.1 Dreadful Drafter, the hero of our story, has been told by his employer, DevCo, an Alberta based specialty software developer, that it has started strategic alliance discussions with InterCo, a Texas based distributor of specialty software, and as a result there will be a two way exchange of information. Dreadful Drafter […]

Divining The Future Of Intellectual Property

Richard C. Bulman, Jr. “There is nothing more powerful than an idea whose time has come.” Victor Hugo’s notion was never more true than with the emergence of the commercialization of intellectual property (“IP”). Long illiquid, IP is becoming monetized at a decidedly rapid pace, foreshadowing a rare opportunity to participate in recasting the role […]

A Step Forward For The Valuation Community: SFAS 157 And Fair Value Measurements: An Important New Standard In The Valuation Of Assets For Financial Reporting

Chris BakewellBryan Benoit Abstract: The U.S. continues to move towards being a knowledge-based economy. However, corporate balance sheets still only present asset values at a given moment in time, and intangible asset values are often not disclosed. A recent accounting pronouncement, SFAS 157, requires more detail and is an important step towards more meaningful presentation […]

The von Liebig Effect!

John T. WatsonJack SavidgeSteve FlaimMary ZoellerTim RuethPaul KedroskyAbigail BarrowJoe BearRick LeFaivreLinda HamiltonRobert Conn The 1980 enactment of P.L. 96-517, The Patent and Trademark Law Amendments Act, usually referred to as the Bayh-Dole Act, dates the current authority for the transfer of new technology from university laboratories to the private sector (1). The University of California, […]

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