Risks of Agreeing Not to License a Pooled Patent


Patent owners that participate in a patent pool should pay close attention to an en banc hearing that will take place in Princo Corporation v. International Trade Commission in 2010.[1] At present, the parties, the NYIPLA, and the AIPLA are preparing briefs on patent misuse issues that the Federal Circuit specifically identified in its October 13, 2009 order granting en banc review.[2] In this case, the Federal Circuit may decide whether it is patent misuse for patent owners to agree among themselves not to license a pooled patent for a potentially competing technology outside of the pool.[3]

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