When licensing or purchasing technology that may include patented inventions, the negotiating parties will have a large number of legal and business priorities to consider. While considering all of those factors, the parties also want to be sure that the language of the agreement governing their relationship is clear, particularly in respect to areas where unintended consequences may result from lack of clarity. Recent cases highlight a few reminders that the parties to the license should also keep in mind.
1. Be clear about continuing royalties in licenses that cover both patented and non-patented technology