Track C

C8 Sublicensing Income: Words Really Matter - CLE Eligible

Track: Licensing Successful Practices

Target Audience: Intermediate

Moderator
Emily Kuwahara, Crowell & Moring LLP

Speakers
Sybil Lombillo, Mount Sinai School of Medicine Emily Loughran, University of California, Los Angeles (UCLA)

Two economic realities point to the importance of sublicensing income provisions in agreements: Many licenses are entered into with small companies that need to do a sublicense transaction if an invention is to be sold; and the vast majority of university revenue from inventions is generated by a few inventions. How an agreement defines sublicense income can determine whether a university receives millions of dollars in payments. Back for a third year, this session will provide updates from arguments made in court and explore specific contract language, how it has been interpreted, and key questions such as: Are payments within the definition of sublicense income? How does the original license define sublicense income? And how do certain provisions create incentives for licensees to avoid paying sublicense income?
 

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