Track A

A5 Good Deals Gone Bad: A Case Study in Structuring License Agreements to Survive the Convulsions of Commerce

Track: Nuts and Bolts of Technology Transfer

Target Audience: Fundamental

Ada Nielsen, CLP, Foodexus LLC

Wes Blakeslee, CLP, Blakeslee, LLC
Matthew McNeill, Rite-Holding Company
Lesley Millar-Nicholson, CLP, University of Illinois
Joseph T. Miotke, Wisconsin Intellectual Property Association
Brian P. O'Shaughnessy, Ratner Prestia

This is not your father’s lecture. This is an original presentation from the Licensing Executive Society (USA & Canada) IP Improv Theater.  It begins with a term sheet for entering into a negotiation. Then we watch the assumptions hit the wall when meeting the reality of the other side. The term sheet that looked so clear, respectful and ultimately reasonable is met with the other party’s term sheet, assumptions, deliverables, culture and individual personalities. Although this is a fictitious tale, it is modeled on a real-life story that includes a series of expectations, events, ups-and-downs and unexpected outcomes of an early stage university life sciences discovery, including licensing agreements and key terms.  Experience the twists and turns of the startup and the miscalculation of money flow. This session also emphasizes the value in paying close attention to terms and conditions and definitions in early agreements. Audience participation is encouraged. You will rediscover the art of “active listening” and the importance of running the “what-ifs” of scenario analysis in preparation. It is like real life — surprises abound, but so does learning.

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