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... 1. Pursuant to the Asset Purchase Agreement, XLN sold most of its assets to XLNT but retained
a copy of a derivative version of the Software (called T-Rex) along with two of its customers,
several computer workstations and servers, and various intellectual property rights. Id. ...
... any items or services bearing or identified by a counterfeit mark shall be guilty of the crime of
trademark counterfeiting." 18 Pa.CS § 4119(a).  A counterfeit 182 mark is defined by the statute
as either "(1) [a]ny unauthorized reproduction or copy of intellectual property" or "(2) [i ...
... Id. According to Dechert, "consideration paid for a license to use canned computer software is
consideration paid for intangible intellectual property rights, that is, the right to use those
instructions, not consideration paid for the transfer of tangible personal property." Id. at 15. ...