Risks of Agreeing Not to License a Pooled Patent

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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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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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