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  • 11 - Litigation-Related Clauses: Enforcement, Settlement and Dispute Resolution

  • from Part II - License Building Blocks
  • Jorge L. Contreras, University of Utah
  • Book:
    Intellectual Property Licensing and Transactions
    Published online:
    21 June 2022
    Print publication:
    30 June 2022, pp 313-361
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  • Summary

    Chapter 11 covers issues relating to litigation. Part A first addresses the right of exclusive licensees of patents, copyrights, trademarks and trade secrets to sue to enforce licensed IP against third party infringers, and the rules requiring licensors to be joined in such suits. The chapter next moves to contractual clauses that allocate responsibilty for litigation among the licensor and licensee (Ryan v. Graco). It next addresses contractual provisions relating to domestic and international choice of law and dispute resolution, including required arbitration and mediation (alternate dispute resolution). The shifting of fees and litigation expenses is covered next. The chapter concludes by considering special provisions germane to licenses that are entered into in settlement of litigation.