Contractual Freedom to Operate: A Surgical Approach, The Licensing Journal

Partner Benjamin Klaber and senior attorney Aaron Rogers co-authored an article for The Licensing Journal about how contractual commitments can shape a company’s practical freedom to operate (FTO), extending the analysis beyond traditional patent and trademark considerations.

The authors explain that businesses should evaluate FTO when negotiating provisions involving competition and exclusivity, intellectual property and improvements, confidentiality, feedback, and termination rights. They emphasize coordinating these provisions across agreements and considering whether contractual rights and post-termination protections can be operationalized in practice, particularly where a business depends on critical technology or services.

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