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Vol 21 No 11 Nov/Dec 2016

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Intellectual Property Technology Transfer 2nd ed

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Edited by: Aline C Flower

ISBN13: 9781617464881
Previous Edition ISBN: 9781570183850
Published: January 2015
Publisher: BNA Books Inc (USA)
Country of Publication: USA
Format: Hardcover
Price: Price on Application



Finally, a resource that demystifies the process of technology transfer—for both sides of the negotiating table.

Intellectual Property Technology Transfer, Second Edition, provides the legal framework for the licensing and research transactions between industry and federally and privately funded research laboratories over technology development and transfer and associated intellectual property (IP) rights. Mapping out the legal landscape in the burgeoning field of technology transfer, this resource provides a comprehensive analysis of all of the central legal issues confronting and governing the interactions between industry interests and laboratories conducting basic research.

The treatise provides analysis and insights on national security and export controls on technologies; elimination of the research exemption from IP infringement for universities, and the impact on industry-sponsored university research; recent developments in the federal government’s march-in rights and the extent of federal authority over technologies resulting from federally funded research; review of new entrepreneurial models for transferring technology into the marketplace; analysis of laws governing the ownership of intellectual property developed at universities; and international technology transfer.

Highlights in the revised, reorganized, and expanded Second Edition are:

  • Analysis of Limelight Networks, Inc. v. Akamai Techs., Inc., holding a defendant may not be held liable for inducing infringement of a patent under 35 U.S.C. §271(b) when no one has directly infringed the patent under §271(a) or any other statutory provision
  • Revised discussion of the Bayh-Dole Act, governing transfer and allocation of intellectual property rights created with the involvement of the government, in light of the effect of the America Invents Act, adding recent case law and updates regarding revised Federal Acquisition Regulations relaxing U.S. government acquisition requirements of developments by foreign contractors
  • New section in the chapter on transfer of university and lab-owned technology regarding the status of congressional abrogation of state sovereign immunity after the Supreme Court’s Florida Prepaid decision and state legislative responses
  • Expanded discussion of ownership of patent rights in university and federally funded settings
  • Completely revised chapter on export controls, national security, and technology transfer
  • Updated analysis of recent AUTM data regarding University tech transfer activity
Aline C. Flower is the associate general counsel for global development with the Bill and Melinda Gates Foundation, Bainbridge Island, Wash