What's in a Name? A Covenant Not to Sue or a Non-Exclusive Patent License - Is It One in the Same? (MP3 Audio Download)
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What's in a Name? A Covenant Not to Sue or a Non-Exclusive Patent License - Is It One in the Same? (MP3 Audio Download)

What's in a Name? A Covenant Not to Sue or a Non-Exclusive Patent License - Is It One in the Same? (MP3 Audio Download)
Product Code: CET09WINPOD
Faculty: C. Erik Hawes, Pat O'Reilley, William Teoli, Sharna Wahlgren
Recording Date: July 1, 2009
Page Count: 21
Running Time: 88 minutes
Credit Hours: 1.50
Ethics Hours: 0
Sponsoring Entities: ABA Center for CLE, Section of Intellectual Property Law
Topics: Intellectual Property Law
Format: Audio Download - CET09WINPOD
Other Formats: CD - CET09WINC Online Course - CET09WINI
Pricing: $119.00 (Regular)
$99.00 (ABA Member) ABA Members, Log in now to receive this discount!
$79.00 (Section of Intellectual Property Law) ABA Members, Log in now to receive this discount!
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Description

In the Federal Circuit Court's April 10th decision in TransCore v ETC., the distinction between a license and a covenant has been eliminated with respect to the issue of patent exhaustion. When assessing or drafting patent licenses or settlement agreements, the relevancy of this decision is important.

Join our expert panelists in this downloadable audio program from both corporate and private practices as they summarize this decision and discuss the effects this decision will have on licensing agreements including:

  • whether the question "is a covenant not to sue equivalent to a license" is resolved for all contexts;
  • the effects of TransCore on existing and future agreements;
  • drafting tips for avoiding the outcome of TransCore;
  • potential affects on the issues of international exhaustion and legal estoppels;
  • and other practical do's & dont's.
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