In Phytelligence, Inc. v. Washington State University, the Federal Circuit held that the agreement terms at issue constituted “an unenforceable agreement to agree” that did not convey the license rights at issue. While...more
The US Court of Appeals for the Federal Circuit affirmed a grant of summary judgment, finding that the option provision in the parties’ contract was an unenforceable agreement to agree. Phytelligence, Inc. v. Wash. State...more
One of the banes of any practicing patent attorney's professional existence is counseling clients on licensing agreements where the parties attempt to avoid setting forth definitive terms on contract provisions regarding...more