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Patent Expiration Breach of Contract

Carlton Fields

Seventh Circuit Refuses to Vacate Arbitration Award Under Public Policy Exception

Carlton Fields on

The Seventh Circuit Court of Appeals recently refused to invalidate an arbitration award in a breach of contract case involving patent royalties based on purported violations of public policy....more

Fenwick & West LLP

U.S. Supreme Court Upholds Ban on Post-Patent Expiration Royalties

Fenwick & West LLP on

Fifty years ago, in Brulotte v. Thys Co., the U.S. Supreme Court held that “a patentee’s use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se.” 379 U.S. 29, 32 (1964). On June...more

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