JOURNAL OF BUSINESS ENTREPRENEURSHIP & THE LAW
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Software Licenses, Source Code Escrows, and Trustee Powers Under 11 U.S.C. §365 | Author: James E. Raymond

Software Licenses, Source Code Escrows, and Trustee Powers Under 11 U.S.C. §365 | Author: James E. Raymond

With the enactment of § 365(n), one thing remains clear: Congress intended to preserve the rights of licensees of intellectual property against rejection of the license by trustees of bankrupt licensors. However, as indicated by the examples above, many questions remain unanswered. Should a developer-licensor enter bankruptcy with significant assets at risk? These areas of uncertainty will likely be tested in the courts. Licensors and licensees in the process of drafting software licenses and source…
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The “Evolving Written Description Doctrine” and the Search for Specificity (A.K.A. Adequacy is the Matter of Invention.) | Author: Gerald R. Prettyman Jr.

The “Evolving Written Description Doctrine” and the Search for Specificity (A.K.A. Adequacy is the Matter of Invention.) | Author: Gerald R. Prettyman Jr.

In 1996, the U.S. Supreme Court ruled in Markman that claim construction was a matter of law for the judge to decide. There was hope in the patent bar that Markman would bring uniformity to claim construction and a reduction to the lengthy process of patent litigation. Some authors report instead that the claim construction reversal rate is increasing. Other authors question the consistency of the rulings from the Court of Appeals for the Federal…
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