How to Resolve Critical Software License Disputes 2012
Partner James Klaiber, a member of Pryor Cashman’s Intellectual Property Group, spoke at the Practicing Law Institute seminar How to Resolve Critical Software License Disputes 2012, held at PLI's offices in New York on June 27, 2012.
In today's technology environment, licensed content for the Internet and software are fully integrated into a company's marketing and production businesses. Many of these license agreements have been tenaciously negotiated. Licensees cannot withstand having a license terminated because of the lead time it would take to substitute another product. Conversely, licensors are under pressure by their shareholders to maximize revenues and be assured that licensees are in full compliance with the license scope. Oftentimes, the licensor and licensee interpret the same license clause dramatically differently. Courts will parse through the language of the scope-of-use clause in a license. This course will review the source of license disputes and practical methods for resolving them.
Klaiber spoke at the session of the seminar entitled “Formal Dispute Resolution.” The topics covered included:
- Choice of Forum (mediation, arbitration, litigation)
- Contract claims
- U.C.C. course of performance
- Copyright infringement claims (in addition to contract claims)
- Declaratory judgment
- Preliminary injunction hearing
- Preparing for trial
