Navigating Software License Disputes: 5 Steps to an Amicable Resolution
Parties involved in negotiating and resolving license-compliance disputes can consider various strategies to help navigate the process and avoid expensive litigation.
June 06, 2018 at 11:30 AM
2 minute read
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Common Issues
Phoenix Technologies Ltd. v. VMware, Inc.: SAP SE v. Anheuser-Busch InBev SA/NV: |
Navigating Disputes
Step 1: Assess the Scope of Key License Terms and Potential Impact on Other Licenses. Phoenix Technologies Step 2: Determine Potential Damages and Settlement Value. Step 3: Establish Business-Level Discussions to Exchange Views and Desired Outcomes. Step 4: Consider Redrafting the License Agreement to Resolve Ambiguities. Step 5: Harmonize and Integrate New Terms Into Other Existing Agreements. Bryan Mechell is a principal in the Intellectual Property and Technology group of Robins Kaplan LLP and has experience advising a variety of clients in intellectual property disputes and monetization efforts, including those involving software technology assets. Bryan is registered to practice before the United States Patent and Trademark Office and can be reached at [email protected] or 612-349-0172. Kris Teng is an associate in the Intellectual Property and Technology group of Robins Kaplan LLP. Kris is registered to practice before the United States Patent and Trademark Office, the Federal Circuit, and numerous other federal and state courts. Kris can be reached at [email protected] or 612-349-0973.
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