Licensing tips from a patent litigator

Licence drafters have an unenviable task. Often they are forced to draft an agreement relating to patents whose claims have not yet been drafted and for a product in the earliest stages of development. It is no surprise that, years after these contracts are executed, the contracting parties often have disagreements about the proper interpretation and application of particular licence provisions. In order to avoid—or at least better prepare for—litigation down the road, it is important that those involved in drafting and carrying out licence agreements are aware of the types of disputes that can arise. A handful are identified here.