About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

16 Chi.-Kent J. Intell. Prop. 1 (2016)

handle is hein.journals/jointpro16 and id is 1 raw text is: OPEN SOURCE TACTICS: BARGAINING POWER FOR STRATEGIC LITIGATION JAMES SKELLEY* INTRODUCTION .............................................. 2 I. EXAMPLE PATTERN: XIMPLEWARE V. VERSATA ................4 A. XimpleWare Specific Litigation Topology.. ............4 B. Generalized Litigation Topology ...................7 II. COMPLIANCE-BASED DEFENSE TACTICS .......................8 A. Qualitative Assessment of the Threat Credibility Conditions. ........................ ........ 10 B. Influencing Al - Is Threatening Worthwhile? ............. 13 1. The Remedies Sought by Hl' Against 1A.....................14 a. Injunctive Relief........................ 14 b. Monetary Relief ........................ 17 2. New Counterclaims Bi......................18 3. Pressures from Downstream Customers D1.............19 C. Influencing Al - How Should A Threaten?.................20 1. Acquiring the Copyright ...........................21 a. Purchase Price Capacity ..................21 b. Demonstrating Commitment - Failed Purchase......25 2. A's Ability to Notify H..B.......................................26 a. Fact Pattern (a) - A Recognizes Breach Independently of Litigation or Any Restrictive Obligation. .................. ......... 27 b. Fact Pattern (b) - A Recognizes Breach During Litigation Discovery.................... 28 * Licensed Attorney, State of California and the District of Columbia. Licensed before the United States Patent Office. The views and analysis in this document are presented merely for purposes of discussion and are not intended as legal advice. Neither are the views and analysis presented herein to be considered the conclusive opinion of the author. Interpretations and conclusions depend greatly upon the particular facts of a given situation and statements by the Author simplified to facilitate understanding should not be construed as the Author's conclusive opinion. 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most