End-User License Agreements: A New Era of Intellectual Property Control

Abstract

This article analyzes the growing use of end-user license agreements in connection with the sale and licensing of patented and copyrighted products. It explores the limits and enforceability of such agreements through the analysis of relevant case law, including the decision in Lexmark v. Static Control Components. The article assesses the public policy implications of broadened enforceability of product licenses and makes recommendations for change.