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Advanced Intellectual Property

The following articles and presentations discuss in detail intellectual property strategies for a company in the expansion phase. Materials of particular interest to technology and life sciences companies are identified.

In addition, find more Morgan Lewis publications on IP issues on our Intellectual Property page.

Antitrust Aspects of Patent Pooling in the Biotech Context (Chapter 10), Emerging Life Sciences Companies Deskbook – Spring 2008 (Morgan Lewis)
Perhaps the most interesting development in the area of patent pooling is the emergence of the need for pooling in the pharmaceutical/biotechnology area. Earlier forays by the antitrust agencies into pooling had generally taken place in the consumer electronics industries, where any given product might infringe dozens or hundreds of patents. In the pharmaceutical industry, by contrast, it was once fairly clear who “owned” a new chemical entity by virtue of that owner’s patent over the composition of matter.
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LifeSci

Engineering Data Rights
This article introduces software engineers to data rights available in the United States and the considerations in choosing the appropriate data rights. It reviews the legal framework for the following data rights: copyrights, trade secrets, patents, trademarks and mask works. With this framework in place, it examines the considerations in selecting particular data rights and highlights data right issues that software engineers encounter on a regular basis.
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LifeSci
Tech

Key Contract Issues in IT Outsourcing Agreements
Morgan Lewis partners Peter Watt-Morse and Barbara Melby present on key contract issues in IT outsourcing agreements.
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Tech

Key Contract Provisions for License Agreements (Chapter 27), Emerging Life Sciences Companies Deskbook – Spring 2008 (Morgan Lewis)
This chapter sets forth contact provisions the parties should consider when negotiating and drafting license agreements.
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LifeSci

Open Source Software Guidelines for Financial Institutions, Wall Street Lawyer
Morgan Lewis partner Rahul Kapoor describes why free and open source software is becoming increasingly important and gives a brief introduction to some of the most common open source licenses in this "Securities in the Electronic Age" column.
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Tech

Realizing Value from Big Pharma New Venture Spin-Outs
Morgan Lewis partners Steven Cohen writes about issues to consider when creating a spin-out to take advantage of the Big Pharma R&D system.
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LifeSci

Structuring the Spin-Out of IP to Create a New Venture
This outline contains subjects that need to be addressed when developing a spin-out.
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LifeSci
Tech