Cincom Systems v. Novelis Corp: What happens to a license in a statutory merger?

By: Howard Zaharoff Most contracts are assignable, unless they say otherwise. But intellectual property licenses – including software licenses – are an exception: not assignable unless they say otherwise. This doesn’t mean every change of control is a problem; but Cincom Systems v. Novelis Corp. (6th Cir. 2009) reminds us that a statutory merger that …

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