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McDermott Will & Emery

Most-Favored Licensee Entitled to Refund of 99 Percent of Lump Sum Royalty

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit ruled that a most-favored licensee clause allowed a licensee that paid a lump sum of $70 million to be entitled to a refund when a subsequent licensee paid a lump sum of only...more

Pillsbury Winthrop Shaw Pittman LLP

PTAB Refuses to Honor “No-Challenge” Clauses

Pillsbury Winthrop Shaw Pittman LLP on

Thankfully, that patent case you litigated a few years back is long gone in the rear-view mirror. As the plaintiff, you received a nice lump sum payment and a going forward royalty. Even better, the defendant agreed to never...more

Morrison & Foerster LLP

Rebuffing Critics, Supreme Court Re-Affirms Ban on Post-Expiration Patent Royalties

Morrison & Foerster LLP on

Fifty years ago, in Brulotte v. Thys Co., the U.S. Supreme Court held that the collection of royalties after a patent’s expiration constitutes per se patent misuse. Brulotte has been widely criticized as economically...more

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