Patent Infringement Prevention from High-touch Legal Services
I was just alerted to a new Start Up Company Blog -- The High-touch Legal Services Blog - which recently provided a little good advice for licensees entering into nonexclusive patent license agreements below.
So, if you enter into a nonexclusive patent license agreement as licensee, make sure the licensor is obligated to stop third-party infringement. The relevant provision should:
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Take effect if you notify the licensor, or the licensor otherwise learns, of infringement;
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Obligate the licensor to bring suit to stop the infringement; and
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If the licensor fails to stop the infringement, give you the right to (a) stop paying royalties or (b) bring suit in the licensor’s name ( in which case the agreement needs to include the licensor’s consent to be named as a party and obligation to cooperate in the litigation).
The author of the post -- Dana Shultz -- whose picture links to his "About" page is
a business-savvy licensing and intellectual property attorney with in-depth knowledge of law, business and technology. Dana provides high-touch legal services for startup and early-stage companies - thus the name of this blog.
