Mark Malven

About the Author

Mark Malven

Mark Malven is the leader of the technology transactions practice at Dykema Gossett PLLC and immediate past chair of the IT Law Section of the State Bar of Michigan.

• Technology: Licensee transferability rights are unique under the law

  By Mark Malven  |  March 2, 2012

  Most contract rights are transferable, absent an express anti-transfer prohibition in the agreement (or if the transfer would materially burden the other party). Additionally, in a statutory merger, the contract rights of the parties generally are deemed automatically vested in the surviving entity without the need for an assignment.

• Technology: Defining licensor and licensee rights to pursue infringers

  By Mark Malven  |  February 17, 2012

  Both standing and control are critical when bringing suit

• Technology: Understanding the intersection of bankruptcy law and technology licensing

  By Mark Malven  |  February 3, 2012

  How to avoid bankruptcy surprises

• Technology: 6 keys to drafting the royalty and financial terms for technology licenses

  By Mark Malven  |  January 20, 2012

  Royalty obligations should provide a clear description of the licensee’s activities for which royalties are to be paid and should be carefully coordinated with the license grant provisions.

• Technology: 5 keys to drafting technology licenses

  By Mark Malven  |  January 6, 2012

  The grant provisions in a license agreement should be considered the most critical section of the agreement and should constitute the core around which all the other provisions revolve.

• Technology: The keys to technology licensing

  By Mark Malven  |  December 23, 2011

  Business success increasingly depends on new technologies and the wise use of intellectual property rights.

• Technology: Beware of Joint Ownership of IP Between Alliance Partners

  By Mark Malven  |  January 28, 2011

  Joint ownership can be fraught with unintended consequences.

• Technology: Outsourcing Transactions - Strategies, Tactics and Gotchas - Part 4

  By Mark Malven  |  January 14, 2011

  A checklist of potential pitfalls and common mistakes in outsourcing agreements.

• Technology: Outsourcing Transactions - Strategies, Tactics and Gotchas - Part 3

  By Mark Malven  |  December 31, 2010

  Take particular care in defining the scope of the services and the parties' respective rights to terminate.

• Technology: Outsourcing Transactions - Strategies, Tactics and Gotchas - Part 2

  By Mark Malven  |  December 17, 2010

  Employee, tax and exchange rate issues can be significant, and should be addressed early.