Thursday, June 16, 2016, 1:00 P.M. CST --

The Supreme Court of the United States recently held that royalty payments beyond the expiration of a patent are per se unlawful. However, many ground-breaking technologies being developed and licensed from the nation's leading higher education institutions take years, and perhaps decades, to become successful marketplace items.

As such, it is imperative that licensee's adapt their licensing strategy to best position their licenses in the future. The use of prior license framework will likely not provide the necessary protections and monetization for the innovative technology being licensed by the educational institution.

The panel will provide some insight and best practices into how to draft the license consistent with current case law to maximize the return and protections to education institutions. In addition, we will discuss additional items to consider in drafting the most beneficial license, such as escalating royalty fees when validity of the patent is challenged, consideration of joint venture, payments for non-patent rights or knowledge, and creative terminations provisions that disincentives the licensees.