--- title: Library --- [Skip to main content](https://kaganbinder.com/library/all#main) [![logo-nav](https://kaganbinder.com/hs-fs/hubfs/logo-nav.png?width=253&height=51&name=logo-nav.png) ![logo-nav](https://kaganbinder.com/hs-fs/hubfs/logo-nav.png?width=253&height=51&name=logo-nav.png) ![logo-nav](https://kaganbinder.com/hs-fs/hubfs/logo-nav.png?width=253&height=51&name=logo-nav.png) ![logo-nav](https://kaganbinder.com/hs-fs/hubfs/logo-nav.png?width=253&height=51&name=logo-nav.png)](https://kaganbinder.com) - [Industries](https://kaganbinder.com/industries) - Show submenu for Legal Services Legal Services - [Patents, Trademarks and Copyrights](https://kaganbinder.com/patents-trademarks-and-copyrights) - [Technology Agreements](https://kaganbinder.com/technology-agreements) - [Opinions](https://kaganbinder.com/opinions) - [Portfolio Development & Management](https://kaganbinder.com/portfolio-development) - [IP Due Diligence](https://kaganbinder.com/ip-due-diligence) - [Dispute Resolution](https://kaganbinder.com/dispute-resolution) - [Our Team](https://kaganbinder.com/our-team) - [About](https://kaganbinder.com/about) - [Library](https://kaganbinder.com/library/all) - [Contact](https://kaganbinder.com/contact) Open main navigation Close main navigation - [Industries](https://kaganbinder.com/industries) - Show submenu for Legal Services Legal Services - Legal Services - [Patents, Trademarks and Copyrights](https://kaganbinder.com/patents-trademarks-and-copyrights) - [Technology Agreements](https://kaganbinder.com/technology-agreements) - [Opinions](https://kaganbinder.com/opinions) - [Portfolio Development & Management](https://kaganbinder.com/portfolio-development) - [IP Due Diligence](https://kaganbinder.com/ip-due-diligence) - [Dispute Resolution](https://kaganbinder.com/dispute-resolution) - [Our Team](https://kaganbinder.com/our-team) - [About](https://kaganbinder.com/about) - [Library](https://kaganbinder.com/library/all) - [Contact](https://kaganbinder.com/contact) # Library ##### [Patents, Trademarks and Copyrights](https://kaganbinder.com/library/tag/patents-trademarks-and-copyrights) | [Dispute Resolution](https://kaganbinder.com/library/tag/dispute-resolution) | [Technology Agreements](https://kaganbinder.com/library/tag/technology-agreements) | [IP Due Diligence](https://kaganbinder.com/library/tag/ip-due-diligence) | [Portfolio Development and Administration](https://kaganbinder.com/library/tag/portfolio-development-and-administration) | [Opinions](https://kaganbinder.com/library/tag/opinions) [![ Advanced Royalty Strategies](https://kaganbinder.com/hubfs/Resources%20Images/Advanced%20Royalty%20Strategies.jpg)](https://kaganbinder.com/library/advanced-royalty-strategies) ##### [Advanced Royalty Strategies](https://kaganbinder.com/library/advanced-royalty-strategies) Advanced Strategies for Establishing Royalty Streams Presented to MNLES, Minneapolis, MN June 8, 2010 [Read More](https://kaganbinder.com/library/advanced-royalty-strategies) [![ All Good Things Must Come to an End: Kimble v Marvel](https://kaganbinder.com/hubfs/Resources%20Images/All%20Good%20Things%20Must%20Come%20to%20an%20End.jpg)](https://kaganbinder.com/library/all-good-thigs-must-come-to-an-end-kimble-v-marvel) [Opinions](https://kaganbinder.com/library/tag/opinions), [Technology Agreements](https://kaganbinder.com/library/tag/technology-agreements), [IP Due Diligence](https://kaganbinder.com/library/tag/ip-due-diligence) ##### [All Good Things Must Come to an End: Kimble v Marvel](https://kaganbinder.com/library/all-good-thigs-must-come-to-an-end-kimble-v-marvel) Kimble v. Marvel Entertainment, LLC, 135 S. Ct. 2401 (2015). Kimble evaluates whether a patent owner can collect any kind of patent royalty (e.g., royalty under a license or royalty for an assignment) for activity occurring after a patent expires. ... [Read More](https://kaganbinder.com/library/all-good-thigs-must-come-to-an-end-kimble-v-marvel) [![ Antitrust Pitfalls Common to Joint Development Agreements](https://kaganbinder.com/hubfs/Resources%20Images/Antistrust%20pitfalls.jpg)](https://kaganbinder.com/library/antitrust-pitfalls-common-to-joint-development-agreements) [Technology Agreements](https://kaganbinder.com/library/tag/technology-agreements), [IP Due Diligence](https://kaganbinder.com/library/tag/ip-due-diligence) ##### [Antitrust Pitfalls Common to Joint Development Agreements](https://kaganbinder.com/library/antitrust-pitfalls-common-to-joint-development-agreements) Antitrust pitfalls common to Joint Development Agreements. In the late 1970s, the Justice Department promulgated the famous “nine no-no’s” to be avoided as antitrust pitfalls when licensing patent rights. In that era, many of the no-no’s were per se ... [Read More](https://kaganbinder.com/library/antitrust-pitfalls-common-to-joint-development-agreements) [![ Are you getting submarined by your sublicenses?](https://kaganbinder.com/hubfs/Resources%20Images/Are%20you%20getting%20submarined%20by%20your%20sublicensees.jpg)](https://kaganbinder.com/library/are-you-getting-submarined-by-your-sublicenses) [Technology Agreements](https://kaganbinder.com/library/tag/technology-agreements), [IP Due Diligence](https://kaganbinder.com/library/tag/ip-due-diligence) ##### [Are you getting submarined by your sublicenses?](https://kaganbinder.com/library/are-you-getting-submarined-by-your-sublicenses) Fraunhofer-Gesellschaft v. Sirius XM Radio Inc., No. 2018-2400 (Fed. Cir. Oct. 17, 2019). This case presents many important lessons for sublicense strategies. Fraunhofer exclusively licensed Worldspace under patent rights protecting technology to ... [Read More](https://kaganbinder.com/library/are-you-getting-submarined-by-your-sublicenses) [![ Avoiding Prior Art Using the Safe Harbor of a Joint Research Agreement](https://kaganbinder.com/hubfs/Resources%20Images/Avoiding%20Prior%20art%20using%20the%20safe%20harbor.jpg)](https://kaganbinder.com/library/avoiding-prior-art-using-the-safe-harbor-of-a-joint-research-agreement) [Technology Agreements](https://kaganbinder.com/library/tag/technology-agreements) ##### [Avoiding Prior Art Using the Safe Harbor of a Joint Research Agreement](https://kaganbinder.com/library/avoiding-prior-art-using-the-safe-harbor-of-a-joint-research-agreement) Prior to December 2004, joint research parties faced a serious obstacle against patenting inventions resulting from joint research efforts. Claimed inventions could be rejected as unpatentable during prosecution, or be invalid if issued, over ... [Read More](https://kaganbinder.com/library/avoiding-prior-art-using-the-safe-harbor-of-a-joint-research-agreement) [![ Benefits of Copyright Protection](https://kaganbinder.com/hubfs/Resources%20Images/Benefits%20of%20Copyright%20Protection.jpg)](https://kaganbinder.com/library/benefits-of-copyright-protection) [Copyrights](https://kaganbinder.com/library/tag/copyrights) ##### [Benefits of Copyright Protection](https://kaganbinder.com/library/benefits-of-copyright-protection) Copyright protection is a fundamental legal concept that offers advantages for creators, artists, authors, and businesses. At Kagan Binder, we are dedicated to helping our clients harness these benefits to safeguard their intellectual property. Here ... [Read More](https://kaganbinder.com/library/benefits-of-copyright-protection) [![ Covenants not to sue (CN2S)](https://kaganbinder.com/hubfs/Resources%20Images/Covenants%20Not%20to%20Sue.jpg)](https://kaganbinder.com/library/covenants-not-to-sue-cn2s) [Technology Agreements](https://kaganbinder.com/library/tag/technology-agreements) ##### [Covenants not to sue (CN2S)](https://kaganbinder.com/library/covenants-not-to-sue-cn2s) Covenants not to sue (“CN2S”) are a licensor exit strategy to get out of an unwanted DJ action brought by a licensee. Typically, the licensee secured DJ jurisdiction and is attacking validity/infringement. The licensor files/offers up a CN2S along ... [Read More](https://kaganbinder.com/library/covenants-not-to-sue-cn2s) [![ Honey, I Shrunk the Patent Rights](https://kaganbinder.com/hubfs/Resources%20Images/Honey%20I%20shrunk%20the%20patent%20rights.jpg)](https://kaganbinder.com/library/honey-i-shrunk-the-patent-rights) [Patents, Trademarks and Copyrights](https://kaganbinder.com/library/tag/patents-trademarks-and-copyrights) ##### [Honey, I Shrunk the Patent Rights](https://kaganbinder.com/library/honey-i-shrunk-the-patent-rights) Implied license laws and the exhaustion doctrine crucially impact the drafting and negotiation of patent licenses. This presentation analyzes the case law that interprets these two doctrines. This presentation also provides frameworks for analyzing ... [Read More](https://kaganbinder.com/library/honey-i-shrunk-the-patent-rights) [![ If you weren’t exhausted before, you will be now](https://kaganbinder.com/hubfs/Resources%20Images/If%20you%20werent%20exhausted%20before%20you%20will%20be%20now%20%20TEXT.jpg)](https://kaganbinder.com/library/if-you-werent-exhausted-before-you-will-be-now) [Patents, Trademarks and Copyrights](https://kaganbinder.com/library/tag/patents-trademarks-and-copyrights), [Impacting License Law Practice](https://kaganbinder.com/library/tag/impacting-license-law-practice), [Case Law Developments](https://kaganbinder.com/library/tag/case-law-developments) ##### [If you weren’t exhausted before, you will be now](https://kaganbinder.com/library/if-you-werent-exhausted-before-you-will-be-now) Impression Products, Inc. v. Lexmark, Intl., Inc., 137 S. Ct. 1523 (2017) Some patent owners sell products in fields in which there is strong demand for used products or the servicing/repair of used products. Patent owners in these fields are ... [Read More](https://kaganbinder.com/library/if-you-werent-exhausted-before-you-will-be-now) [![ Introduction to the Patent Exhaustion Doctrine](https://kaganbinder.com/hubfs/Resources%20Images/Introduction%20to%20the%20patent%20exhaustion%20doctrine.jpg)](https://kaganbinder.com/library/introduction-to-the-patent-exhaustion-doctrine) [Patents, Trademarks and Copyrights](https://kaganbinder.com/library/tag/patents-trademarks-and-copyrights), [IP Due Diligence](https://kaganbinder.com/library/tag/ip-due-diligence) ##### [Introduction to the Patent Exhaustion Doctrine](https://kaganbinder.com/library/introduction-to-the-patent-exhaustion-doctrine) U.S. patent law authorizes an inventor to secure patent protection for inventive machines, articles of manufacture, methods, and compositions that are useful. 35 USC 101. Patent protection allows the patentee to exclude others from making, using, ... [Read More](https://kaganbinder.com/library/introduction-to-the-patent-exhaustion-doctrine) [![ Joint Development Agreements](https://kaganbinder.com/hubfs/Resources%20Images/Joint%20Development%20Agreement%20Advanced%20Practice%20and%20Strategy.jpg)](https://kaganbinder.com/library/joint-development-agreements) [Technology Agreements](https://kaganbinder.com/library/tag/technology-agreements), [IP Due Diligence](https://kaganbinder.com/library/tag/ip-due-diligence), [Portfolio Development and Administration](https://kaganbinder.com/library/tag/portfolio-development-and-administration) ##### [Joint Development Agreements](https://kaganbinder.com/library/joint-development-agreements) Many view joint development agreements as the most complicated type of IP agreement. New developments in statutes and case law are adding to that complexity – causing us even to question and revise the basic practices that have, for decades, guided ... [Read More](https://kaganbinder.com/library/joint-development-agreements) [![ Joint Owners who Fight over Ownership and Use of Joint Research.](https://kaganbinder.com/hubfs/Resources%20Images/Joint%20owners%20who%20fight.jpg)](https://kaganbinder.com/library/joint-owners-who-fight-over-ownership-and-use-of-joint-research) [Patents, Trademarks and Copyrights](https://kaganbinder.com/library/tag/patents-trademarks-and-copyrights), [Opinions](https://kaganbinder.com/library/tag/opinions), [IP Due Diligence](https://kaganbinder.com/library/tag/ip-due-diligence) ##### [Joint Owners who Fight over Ownership and Use of Joint Research.](https://kaganbinder.com/library/joint-owners-who-fight-over-ownership-and-use-of-joint-research) Joint development research often results in the joint creation of an invention. In the patent world, this makes the creators not just joint inventors, but also joint owners of that invention. The provisions of 35 U.S.C. § 262 expressly state that ... [Read More](https://kaganbinder.com/library/joint-owners-who-fight-over-ownership-and-use-of-joint-research) [![ Licensing and Litigation Strategies After MedImmune](https://kaganbinder.com/hubfs/Resources%20Images/License%20and%20Litigation%20Strategies%20after%20MedImmune%20%20TEXT%20ARTICLE.jpg)](https://kaganbinder.com/library/licensing-and-litigation-strategies-after-medimmune) [Dispute Resolution](https://kaganbinder.com/library/tag/dispute-resolution) ##### [Licensing and Litigation Strategies After MedImmune](https://kaganbinder.com/library/licensing-and-litigation-strategies-after-medimmune) The 2007 MedImmune decision is significant because the United States Supreme Court in this decision construed and changed the scope of Article III of the United States Constitution. The Court construed Art. III more broadly to make it easier for ... [Read More](https://kaganbinder.com/library/licensing-and-litigation-strategies-after-medimmune) [![ Navigating the World of Copyright](https://kaganbinder.com/hubfs/Resources%20Images/trademark%202.jpg)](https://kaganbinder.com/library/navigating-the-world-of-copyright) [Patents, Trademarks and Copyrights](https://kaganbinder.com/library/tag/patents-trademarks-and-copyrights) ##### [Navigating the World of Copyright](https://kaganbinder.com/library/navigating-the-world-of-copyright) Kagan Binder is dedicated to protecting your creative vision – your unique work, your artistic expression, and your success. Our Copyright Practice is designed to provide you with comprehensive copyright protection, strategic counsel, and the legal ... [Read More](https://kaganbinder.com/library/navigating-the-world-of-copyright) [![ Patent and Know-How License For Rustproof Widgets](https://kaganbinder.com/hubfs/Resources%20Images/Patent%20and%20Know%20How%20License%20for%20Rustproof%20Widgets.jpg)](https://kaganbinder.com/library/patent-and-know-how-license-for-rustproof-widgets) [Patents, Trademarks and Copyrights](https://kaganbinder.com/library/tag/patents-trademarks-and-copyrights) ##### [Patent and Know-How License For Rustproof Widgets](https://kaganbinder.com/library/patent-and-know-how-license-for-rustproof-widgets) This sample license includes generous annotations to help understand the license content and strategies. Download the Document [Read More](https://kaganbinder.com/library/patent-and-know-how-license-for-rustproof-widgets) [![ Patent Exhaustion: Outcomes are hard to predict.](https://kaganbinder.com/hubfs/Resources%20Images/Patent%20Exhaustion%20Outcomes%20Hard%20to%20Predict.jpg)](https://kaganbinder.com/library/patent-exhaustion-outcomes-are-hard-to-predict) [Patents, Trademarks and Copyrights](https://kaganbinder.com/library/tag/patents-trademarks-and-copyrights), [Opinions](https://kaganbinder.com/library/tag/opinions) ##### [Patent Exhaustion: Outcomes are hard to predict.](https://kaganbinder.com/library/patent-exhaustion-outcomes-are-hard-to-predict) The Supreme Court emphasizes the importance of preserving the sanctity of stare decisis to guide judicial decisions. See Kimble v. Marvel Entertainment, LLC, 135 S. Ct. 2401 (2015). Yet, cases in the area of patent exhaustion appear to lose sight of ... [Read More](https://kaganbinder.com/library/patent-exhaustion-outcomes-are-hard-to-predict) [![ Pitfalls under the Repair v Reconstruction Doctrine](https://kaganbinder.com/hubfs/Resources%20Images/Pitfalls%20of%20Repair%20v%20Reconstruction%20Doctrine.jpg)](https://kaganbinder.com/library/pitfalls-under-the-repair-v-reconstruction-doctrine) [Patents, Trademarks and Copyrights](https://kaganbinder.com/library/tag/patents-trademarks-and-copyrights), [Opinions](https://kaganbinder.com/library/tag/opinions), [IP Due Diligence](https://kaganbinder.com/library/tag/ip-due-diligence), [Joint Development](https://kaganbinder.com/library/tag/joint-development) ##### [Pitfalls under the Repair v Reconstruction Doctrine](https://kaganbinder.com/library/pitfalls-under-the-repair-v-reconstruction-doctrine) The repair v. reconstruction doctrine (RRD) also limits patent scope. You are significantly impacted by the RRD if you sell patented items, such as capital equipment, for which there is a sizeable used equipment or repair markets. You also are ... [Read More](https://kaganbinder.com/library/pitfalls-under-the-repair-v-reconstruction-doctrine) [![ Pitfalls When Commercializing Products Developed From Joint Research.](https://kaganbinder.com/hubfs/Resources%20Images/Pitfalls%20when%20commercializing%20products.jpg)](https://kaganbinder.com/library/pitfalls-when-commercializing-products-developed-from-joint-research) [Portfolio Development and Administration](https://kaganbinder.com/library/tag/portfolio-development-and-administration) ##### [Pitfalls When Commercializing Products Developed From Joint Research.](https://kaganbinder.com/library/pitfalls-when-commercializing-products-developed-from-joint-research) Joint development agreements often contain supply terms by which one party agrees to sell products to the other party. Those products might already exist or might exist after some joint development. Supply terms in a joint development relationship ... [Read More](https://kaganbinder.com/library/pitfalls-when-commercializing-products-developed-from-joint-research) [![ Reasons to Pursue Trademarks](https://kaganbinder.com/hubfs/Resources%20Images/trademark%203.jpg)](https://kaganbinder.com/library/reasons-to-pursue-trademarks) [Patents, Trademarks and Copyrights](https://kaganbinder.com/library/tag/patents-trademarks-and-copyrights) ##### [Reasons to Pursue Trademarks](https://kaganbinder.com/library/reasons-to-pursue-trademarks) Trademarks are not just symbols or names. They are invaluable assets with a myriad of benefits for your business. Our team is here to help you harness the full potential of trademarks and realize the value they present. [Read More](https://kaganbinder.com/library/reasons-to-pursue-trademarks) [![ Term Sheet Strategies Helpful to Draft and Negotiate Joint Development Agreements ](https://kaganbinder.com/hubfs/Resources%20Images/Term%20Sheet%20Strategies%20Helpful%20to%20Draft%20and%20Negotiate.jpg)](https://kaganbinder.com/library/term-sheet-strategies-helpful-to-draft-and-negotiate-joint-development-agreements) [Technology Agreements](https://kaganbinder.com/library/tag/technology-agreements), [Joint Development](https://kaganbinder.com/library/tag/joint-development) ##### [Term Sheet Strategies Helpful to Draft and Negotiate Joint Development Agreements ](https://kaganbinder.com/library/term-sheet-strategies-helpful-to-draft-and-negotiate-joint-development-agreements) Term sheets offer many advantages. They can simplify the negotiation process and make it less expensive to put in place a fully signed joint development agreement. With a term sheet in hand, the parties can hammer out the main concepts without ... [Read More](https://kaganbinder.com/library/term-sheet-strategies-helpful-to-draft-and-negotiate-joint-development-agreements) [![ Term Sheet System ](https://kaganbinder.com/hubfs/Resources%20Images/Term%20Sheet%20System.jpg)](https://kaganbinder.com/library/term-sheet-system) [Technology Agreements](https://kaganbinder.com/library/tag/technology-agreements) ##### [Term Sheet System ](https://kaganbinder.com/library/term-sheet-system) This section of the annotated agreement manual includes a full term sheet system with annotations. The information is referred to as a system, because it is a turnkey program for placing binding and nonbinding terms in the context of a license ... [Read More](https://kaganbinder.com/library/term-sheet-system) ![logo-nav](https://kaganbinder.com/hs-fs/hubfs/logo-nav.png?width=253&height=51&name=logo-nav.png) [651.351.2900](tel:651.351.2900) Suite 200 Maple Island Building 221 Main Street North Stillwater, MN 55082 - [About Kagan Binder](https://kaganbinder.com/about) - [Careers](https://kaganbinder.com/careers) - [Contact Us](https://kaganbinder.com/contact) © 2026 Kagan Binder | All rights reserved | [Privacy Policy](http://43794398.hs-sites.com/privacy-policy) | [Terms of Use](http://43794398.hs-sites.com/terms-of-use) | Minneapolis Web Design by BizzyWeb