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Upcoming Events at the San Diego Chapter! Chapter Homepage | Prior Events"Allocating Risk In License Agreements: What's Fair?"
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By Randy Broberg
Tuesday, February 17, 2004
La Jolla Marriott Hotel Attn: CA Attorneys & Paralegals: This LES Chapter Meeting will qualify for 1.0 Credit of California MCLE * Note Location
One of the most commonly and hotly negotiated parts of a license agreement relates to which party should bear the cost and burden if a third party sues the licensee or infringes on the licensee's exclusivity. How should these issues fairly be resolved? Should the licensor always indemnify the licensee against being sued by third parties or are there times when the licensee should bear the risk? What should an indemnity cover (e.g. infringement, products liability, etc.)? What behavior by the licensee should excuse the licensor? Should indemnities be subject to a contract's overall liability caps or be carved out? And if there's a third party infringing the licensor's IP, who should bring the suit and how should any financial award be divided between the licensor and licensee? Should the licensee be able to pay less royalties or even stop payments altogether? These are just a few of the risk allocation related issues that will be addressed by licensing law attorney Randy Broberg on February 17th. Mr. Broberg has 15 years of experience drafting and negotiating license agreements from both business and legal perspectives. Mr. Broberg is a former Heller Ehrman shareholder and more recently was Sr. VP and General Counsel at WebSideStory, Inc. Earlier in his career he was a partner of Baker & McKenzie and also General Counsel of Directed Electronics, Inc. In license negotiations, he's represented biotech, software and electronics and computer hardware and services companies, and his clients have ranged from small start-ups to such companies as Sony, Hitachi and EDS. Mr. Broberg has been a member of LES for 10 years. Sponsorships: Your San Diego Chapter of L.E.S. is pleased to announce that SAIC has agreed to sponsor the February 17th meeting. Celebrating its 35th anniversary this month, Science Applications International Corporation (SAIC), is the nation's largest employee-owned research and engineering company, providing information technology, systems integration and eSolutions to commercial and government customers. The Technology Commercialization Group proactively seeks industrial partners as assignees or licensees of its cutting-edge technologies in the fields of Communication, Energy & Environment, Financial Services, Health Care & Biomedical, Government & Security, Information Technologies, and Supply Chain & Project Management. More information about SAIC can be found at www.saic.com. If your firm is looking for a solution or seeking to license SAIC technology, please contact SAIC at (858) 826-6346.
Given the great success of the sponsorship program started in 2003, the chapter is now signing up companies interested to sponsor our 2004 chapter meetings. If interested in sponsoring an upcoming meeting or just getting more information about the program, please contact Norm Brown, Chapter Chair-Elect at 858-826-6465 or brownn@saic.com.
Other Business: If you are in need of MCLE certificates for your participation in past meetings (i.e., Dec 2003 - you know who you are!) please write to Jake Schaible at jschaible@ligand.com. L.E.S. San Diego Chapter meetings are open to the public. RSVPs are requested (but not required) by Feb 16th. Cost is $30 for members and $35 for nonmembers (cash or check payable at the door). Additionally, the Marriott charges a reduced parking rate for L.E.S. attendees of $3.00 per car, with some free "on-street" parking available. Networking with hors d'oeuvres and beverages begins at 6 PM. Presentation to begin at 7 PM. For RSVPs and further information, please contact Ms. Pattie Greener at 858-550-7699 or PGreener@ligand.com.
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