Washington Journal of Law, Technology & Arts


Mark P. McKenna


As I contemplated the focus of this conference, issues about the nature of the rights that are the subject of a deal stood out to me. A good deal of my recent work has focused on challenges in determining the scope of IP rights. And since those rights are the inputs to various kinds of transactions—or, perhaps even more importantly, ability to assess the scope of a right affects whether a transaction is needed—I’m going to focus here on the relationship between the scope of IP rights and potential IP transactions. [These remarks were given as the keynote talk at The Art and Science of the Deal Conference at the University of Washington School of Law.]

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