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License Agreements Patent Exhaustion

McDermott Will & Emery

2G or Not 2G: Patent License Applies to Future Generation Wireless Networks

McDermott Will & Emery on

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

Tarter Krinsky & Drogin LLP

License Agreement Restrictions Can Provide A Real Advantage To Patent Holders

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

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Reaffirms Its Longstanding Patent Exhaustion Precedents in Lexmark v. Impression Products (Fed. Cir. Feb. 12,...

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

Farella Braun + Martel LLP

Drafting Intellectual Property Agreements: Best Practices From a Litigator’s Perspective

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

McDermott Will & Emery

Back to the Future—Supreme Court to Review Rule On Post-Expiration Patent Royalties

McDermott Will & Emery on

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

McDonnell Boehnen Hulbert & Berghoff LLP

Parties Reiterate Arguments from Certiorari Petitions in Briefs to Supreme Court

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

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