Negotiating Technology Contracts & License Agreements

Find leverage negotiating IT contracts and technology license agreements

Program Description:

Technology contract and license negotiations (in both sales and acquisition) have a profound effect on net income due to the fact that these licenses may be in affect for close to 20 years (the length of a patent) or longer. The Negotiating Technology Contracts & License Agreements seminar follows the ‘ebb and flow’ of the tech negotiation process beginning with addressing complexities and deciphering key information needed to bargain effectively. After the context phase, the negotiator divides information into two categories—information available without contacting the other party and information that can only be obtained from the other party. At this point, the negotiator crafts questions to ask the other party during the second phase, fact-finding. Great care needs to taken in identifying and prioritizing the interests of both parties. Fact-finding includes evaluating the information the other party is using to support their position, their interests in the negotiation, along with engaging in creative and interest-based problem solving—the win-win phase of the process. Once fact-finding is concluded, the negotiator begins distributive bargaining. It is here that the influence created and accumulated during the process is used to capture the value that has been created and accumulated. In this deeply customized TNI program, participants will learn powerful negotiation skills, strategies and tactics for negotiating effective technology contracts and licenses through a program tailored to the needs of their organization and existing contracts/technology sales or acquisition strategy. The faculty instructor for Negotiating Technology Contracts & License Agreements is a practicing lawyer who holds a degree from Loyola Law School, and a bachelor of science in business from Syracuse University, completing post-graduate studies in negotiation, mediation, and influence at Harvard Law School, Pepperdine Law School’s Straus Institute for Dispute Resolution, and the Graduate Schools of Business at Stanford and Ohio State Universities. He began his career as Chief Negotiator and contracting officer negotiating weapon systems and technology contracts for the Air Force. Later as Contracts and Procurement Manager, he focused on technology licensing, resolving contract disputes, acquiring other technology companies, and negotiating major sales and purchase transactions. For a Fortune 1000 technology company, he reviewed proposals prior to submission to the customer and conducted “devil’s advocate negotiations” to test strategies, tactics, and pricing theories—resulting in greatly improved outcomes ranging from a few hundred thousand dollars to over $600 million. Bloomberg News once reported that the more than 100 two-day workshops he conducted for a Fortune 25 Tech positioned the company to achieve more savings from their Asian contractors than one of their major competitors could with in-house manufacturing.

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  • Topics:
    • Best-Practice Methods in Negotiating Technology Licenses
    • Interest-Based Techniques to Maximize Gains
    • Communication
    • Strategies and Tactics
  • Key Takeaways:
    • Gain the skills and insights needed to effectively negotiate technology licenses
    • Learn how to create a negotiation process where all parties feel they have won
    • Identify information needed to bargain effectively
    • Establish effective communication with clients
    • Understand how fact-finding informs the win-win phase of negotiation
    • Engage in creative and interest-based problem solving
    • Maximize profits by negotiating more effectively
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