Mark Malven

Mark Malven

March 02, 2012 | Inside Counsel

Technology: Licensee transferability rights are unique under the law

Most contract rights are transferable, absent an express anti-transfer prohibition in the agreement (or if the transfer would materially burden the other party). Additionally, in a statutory merger, the contract rights of the parties generally are deemed automatically vested in the surviving entity without the need for an assignment.

By Mark Malven

6 minute read

February 17, 2012 | Inside Counsel

Technology: Defining licensor and licensee rights to pursue infringers

Both standing and control are critical when bringing suit

By Mark Malven

9 minute read

February 03, 2012 | Inside Counsel

Technology: Understanding the intersection of bankruptcy law and technology licensing

How to avoid bankruptcy surprises

By Mark Malven

10 minute read

January 20, 2012 | Inside Counsel

Technology: 6 keys to drafting the royalty and financial terms for technology licenses

Royalty obligations should provide a clear description of the licensees activities for which royalties are to be paid and should be carefully coordinated with the license grant provisions.

By Mark Malven

9 minute read

January 06, 2012 | Inside Counsel

Technology: 5 keys to drafting technology licenses

The grant provisions in a license agreement should be considered the most critical section of the agreement and should constitute the core around which all the other provisions revolve.

By Mark Malven

9 minute read

December 23, 2011 | Inside Counsel

Technology: The keys to technology licensing

Business success increasingly depends on new technologies and the wise use of intellectual property rights.

By Mark Malven

11 minute read

January 27, 2011 | Inside Counsel

Technology: Beware of Joint Ownership of IP Between Alliance Partners

Joint ownership can be fraught with unintended consequences.

By Mark Malven

7 minute read

January 13, 2011 | Inside Counsel

Technology: Outsourcing Transactions - Strategies, Tactics and Gotchas - Part 4

A checklist of potential pitfalls and common mistakes in outsourcing agreements.

By Mark Malven

14 minute read

December 30, 2010 | Inside Counsel

Technology: Outsourcing Transactions - Strategies, Tactics and Gotchas - Part 3

Take particular care in defining the scope of the services and the parties' respective rights to terminate.

By Mark Malven

8 minute read

December 16, 2010 | Inside Counsel

Technology: Outsourcing Transactions - Strategies, Tactics and Gotchas - Part 2

Employee, tax and exchange rate issues can be significant, and should be addressed early.

By Mark Malven

11 minute read