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Transactional Intellectual Property: From Startups to Public Companies (2012)

Transactional Intellectual Property: From Startups to Public Companies (2012)

Richard S. Gruner, Professor of Law, John Marshall Law School; Shubha Ghosh, Vilas Research Fellow Professor of Law, University of Wisconsin School of Law; Jay P. Kesan, Professor of Law and H. Ross & Helen Workman Research Scholar, University of Illinois College of Law


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    Transactional Intellectual Property: From Startups to Public Companies is the successor to Intellectual Property in Business Organizations: Cases and Materials. This casebook focuses on the legal problems of businesses that develop and utilize intellectual property as the businesses are founded, financed, expanded, transferred to others, or terminated. The text also addresses the distinctive roles played by intellectual property at three stages of business development:

    •  The startup phase (where intellectual property often plays key roles in business formation and venture capital financing);
    •  The mid-life phase (where intellectual property is often an important factor in going public or selling a business through a merger into a larger concern); and
    •  The mature company phase (where successful firms must deal with problems such as preventing abuses of dominant intellectual property positions and remaining competitive in complex high-tech markets despite being innovators in only small components of those markets).

    Intellectual Property in Business Organizations is designed for law students in advanced classes concerning intellectual property, basic and advanced business organizations topics as encountered in connection with intellectual property, and the law of science and technology. This text would also be valuable in courses on technology transfer and licensing, as well as in intellectual property survey courses. It is also suitable for business school students in classes with a substantial focus on legal problems of developing businesses. A strong background in intellectual property law is not assumed. Rather, background material on important intellectual property standards is provided in an appendix to the text. In addition, detailed notes on particular intellectual property laws and legal issues raised in the materials are included with the readings.

    Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

    This book also is available in a heavily discounted, three-hole punched, alternative loose-leaf version printed on 8 ½ x 11 inch paper with wider margins and with the same pagination as the hardbound book.

    Chapter 1: CREATING AND PROTECTING THE BUSINESS MODEL
    Chapter 2: ORGANIZING AND FINANCING AN INTELLECTUAL PROPERTY BASED STARTUP COMPANY
    Chapter 3: TRADE SECRETS
    Chapter 4: EMPLOYMENT ISSUES
    Chapter 5: LICENSING IN BUSINESS ORGANIZATIONS
    Chapter 6: INTELLECTUAL PROPERTY ASSETS AND THE TERMINATION OF A BUSINESS
    Chapter 7: INTELLECTUAL PROPERTY ISSUES IN MERGERS AND ACQUISITIONS
    Chapter 8: INTELLECTUAL PROPERTY DUE DILIGENCE AND DISCLOSURES IN PUBLIC SALES OF STOCK
    Chapter 9: ADVANCED TECHNIQUES FOR MAXIMIZING INTELLECTUAL PROPERTY VALUE IN MATURE COMPANIES
    Chapter 10: ADVANCED TECHNIQUES FOR MINIMIZING RISKS OF INTELLECTUAL PROPERTY INFRINGEMENT IN MATURE COMPANIES
    Chapter 11: THE ANTITRUST PERILS OF A DOMINANT INTELLECTUAL PROPERTY POSITION
    Chapter 12: ACQUIRING AND USING INTELLECTUAL PROPERTY IN UNIVERSITY AND GOVERNMENTAL CONTEXTS
    Chapter 13: INTELLECTUAL PROPERTY INFLUENCES ON RESOURCE ALLOCATIONS: FOUR CASE STUDIES
    Appendix: INTRODUCTION TO INTELLECTUAL PROPERTY FOR THE NONSPECIALIST

     

    Richard S. Gruner


    Prior to coming to John Marshall in 2007, Richard Gruner was on the faculty at the Whittier Law School in Costa Mesa, California, where, beginning in 1983, he taught courses in patent law, computers and law, corporate law, and white collar crime. Before joining academia, Professor Gruner was an inside counsel to the IBM Corporation. He has also served as a consultant to the U.S. Sentencing Commission concerning corporate sentencing standards. In 2009 he received a PhD in criminology, law, and society from the University of California, Irvine.

    Shubha Ghosh


    Professor Ghosh brings a national and international reputation and over sixteen years of academic experience to University of Wisconsin, where he has taught as Vilas Research Fellow & Professor of Law since 2008. He has authored over fifty scholary articles and book chapters as well as several books in the fields of intellectual property, competition law and policy, international law, and legal theory. His scholarship is among the most cited of the law school faculty.

    Jay P. Kesan


    Professor Jay P. Kesan's academic interests are in the areas of technology, law, and business. Specifically, his work focuses on patent law, intellectual property, entrepreneurship, cyberlaw, digital government (e-gov), agricultural biotechnology law, and biofuels regulation.

     

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