Per se legal? The Eleventh Circuit Rejects FTC’s “Unlikely to Prevail” Antitrust Challenge to “Reverse Payment” Patent Settlements
By Meera El-Farhan In F.T.C. v. Watson Pharmaceuticals, Inc., 677 […]
eBay Reseller of OEM Software Denied First Sale Defense
By Zi Wang In Adobe Sys. v. Hoops Enter. LLC […]
Federal Circuit Finds Assigned “Inventions and Discoveries” Extends to Continuation Applications
In MHL Tek, LLC v. Nissan Motor Co., 99 USPQ2d […]
Federal Circuit Clarified Intersection of Patent Misuse and Antitrust
En Banc Court Finds Block Licensing Of Essential and Non-Essential […]
Federal Circuit finds Covenant Not to Sue Divests Court of Jurisdiction Where Basis of Declaratory Judgment Was Invalidity
In Dow Jones & Company, Inc. and Dow Jones Reuters […]
Supreme Court Finds NFL Not Single Entity for Purposes of Antitrust Analysis of IP Licensing
In American Needle Inc., v. National Football League et al., […]
Federal Circuit Affirms that the Right to “Make, Use, And Sell” a Licensed Product Inherently Includes Right to have that Licensed Product Made by a Third Party.
In CoreBrace v. Star Seismic, 566 F.3d 1069 (Fed. Cir. […]
Federal Circuit Finds Prior Licensing Activity Does Not Per Se Prevent Permanent Injunction
In Acumed v. Stryker Corp., 551 F3d 1323; 89 USPQ2d […]
Report On FTC Hearing on the Evolving IP Marketplace Held December 5, 2008
By James G. McEwen[1] Introduction On December 5, 2008, the […]
Ninth Circuit Finds Creation of Custom Programs under Contract which is Silent as to Intellectual Property Grants an Unlimited License to Use and Modify the Custom Programs
In Asset Marketing Systems, Inc. v. Kevin Gagnon, d/b/a Mister […]
Federal Circuit Finds Unenforceability for Failure to Disclose Patents to Standards-Setting Organization
In Qualcomm v. Broadcom, 548 F.3d 1004 (Fed. Cir. 2008), […]
DC Circuit Finds Failure to Disclose Patents to Standard Setting Organization Did Not Present an Antitrust Injury
In Rambus Inc. v. FTC, 522 F.3d 456 (D.C. Cir […]
Supreme Court Extends Exhaustion Doctrine
Supreme Court Finds Sale of Device Extends Patent Exhaustion to Unlicensed Method Claims In Quanta Computer, Inc. v. LG Electronics, Inc., 553 U.S. ___; 86 USPQ2d 1673 (June 9, […]
Federal Circuit Finds No Heightened Duty To Conduct a Prefiling Investigation For Patents Purchased “As Is”
Federal Circuit Finds Reservation of Exclusive Right to Enforce Field of Use In Particular Area Does Not Confer Right to Sue Without Patent Owner
In Int’l Gamco, Inc. v. Multimedia Games, Inc., 504 F3d […]
Federal Circuit Finds Declaratory Judgment Possible During Licensing Negotiations
In SanDisk Corp. v. STMicroelectronics Inc., 82 USPQ2d 1173 (Fed. […]
