Walking the Line: Why the Presumption Against Extraterritorial Application of U.S. Patent Law Should Limit the Reach of 35 U.S.C. § 271(f)

The advent of the digital era and the global market pose unique challenges to intellectual property law. To adapt, U.S. patent laws require constant interpretation in the face of rapidly changing technological advances. In AT&T Corp. v. Microsoft Corp., the Federal Circuit interpreted 35 U.S.C. § 271(f) in a technology-dependent manner in order to effectuate the purpose of the law with respect to global software distribution. However, the Federal Circuit failed to consider the presumption against extraterritorial application of U.S. law, and its decision now risks international discord and harm not only to the American software industry, but other U.S. industries as well. This iBrief critiques the lower court decisions in AT&T Corp. v. Microsoft Corp. in light of the presumption against extraterritoriality, and analyzes how the Supreme Court should apply the presumption in its review of the case

Patent license negotiation :best practices

In all areas of the biotechnology and pharmaceutical industries, the licensing of intellectual property is in most cases an essential step in the translation of basic research into a commercial product. Negotiating IP licensing agreements and developing the terms of the business transaction involve evaluating numerous factors pertaining to the specific circumstances of the parties and the technology at issue. As the quality of the business relationship after licensing of the intellectual property is heavily influenced by the nature of the transaction, the negotiation process should be approached with great consideration. This article presents an overview of the negotiation process and makes suggestions for each stage