Structuring Deals and Licenses Post-Quanta

Courts have become more actively engaged in patent issues that are on the legislative table. The U.S. Supreme Court’s issued decision in Quanta Computer v. LG Electronics, relating to patent exhaustion, will significantly affect how high-tech and biotechnology/pharmaceutical companies structure deals and licenses as well as how they procure their patent rights.

During this session, participants learned the effects of the case on various industries, including biotechnology versus electronics, and discussed questions such as:

• How does Quanta affect the computer component maker and computer maker?
• To what extent does the patent exhaustion ruling in Quanta impact the sale of seeds or self-replicating biotechnology cultures?

Possible strategies companies might employ in light of Quanta include:

• Limiting rights to the licensee
• Targeting licensee customers and end users for licenses
• Creating clearer contractual obligations
• Exploring claim drafting alternatives
• Employing indemnification clauses

Foley Speakers

• Pavan Agarwal, Chair, Electronics Practice
• Stephen Maebius, Co Chair, Life Sciences Industry Team
• Debra Nye, Senior Counsel, IP Litigation Practice
• Harold Wegner, Partner, Chemical & Pharmaceutical Practice

Foley will apply for CLE credit after the Web conference.