You May Be Exhausted Over Standard Essential Patents (And Not Even Know It)
In interpreting a patent license agreement originally drafted in the era of third generation (3G) cellular networks, the US Court of Appeals for the Federal Circuit found that the license agreement covered subsequent wireless...more
Generally, a patent owner's rights are exhausted after an authorized sale; the patent owner cannot sue a downstream customer who purchased an authorized patented product from a third party reseller. So how can a patent owner...more
Under the doctrine of patent exhaustion, otherwise referred to as the “first sale doctrine,” the initial authorized sale of a patented item exhausts a patent owner’s rights to further control the sale, offer for sale, or use...more
As intellectual property licensing continues to grow more prevalent, legal practitioners and business personnel are being asked to craft and negotiate agreements that can significantly impact a business’s ability to compete...more
Kimble v. Marvel Enterprises - The U.S. Court of Appeals for the Ninth Circuit, in affirming a district court decision that toy maker Marvel was not required to make payments after the expiration of a patent,...more
On the brink of oral argument before the Supreme Court on Tuesday, it may be helpful to reiterate (as do the parties) the arguments from Petitioner Farmer Bowman and Respondent Monsanto, Inc. in Bowman v. Monsanto....more