Topic
Patent Misuse
14 published works
Essential Patent Blog
ALJ Lord dismisses SEP licensing-based patent misuse defenses (ITC Inv. No. 1081, Philips v. Feit Electric)
By David Long
Administrative Law Judg (ALJ) Lord at the U.S. International Trade Commission (ITC) recently issued an Order striking patent misuse claims against Philips Lighting (Philips) raised by WAC Lighting and other respondents…
Essential Patent Blog
Judge Gilstrap rejects patent misuse defense to alleged FRAND-committed SEPs (St. Lawrence v. Motorola Mobility)
By David Long
Judge Gilstrap recently issued an Order rejecting the equitable defense of patent misuse in a case involving standard essential patents (SEPs) subject to a commitment to license them on fair, reasonable…
Antitrust Alert
Abuse of IP Rights Under China’s Antitrust Rules: Recent Cases Have a Potentially Serious Impact
by Frank Schoneveld Corporations doing business in China, based on their intellectual property (IP) rights, need to be aware of the potentially serious impact of China’s Anti-Monopoly Law and other…
Litigation & Trial
The Best Way To Prove “Predominance” In Generic Pharmaceutical Antitrust Class Actions Alleging Patent Misuse
There's been a wave of antitrust class actions predicated on patent misuse by pharmaceutical companies of the past decade. The troublesome Illinois Brick decision prevents "indirect purchasers" — which means…
The IP Law Blog
Patent Misuse Becomes Narrower
by Audrey Millemann Patent misuse is a judge-made doctrine (now partly codified in 35 U.S.C. § 271(d)) that provides a defense to patent infringement if the patent owner has used…
Legal Profession Blog
Confidentiality Violation Charges In North Carolina
The North Carolina State Bar has filed a complaint alleging that an attorney researched a possible claim on behalf of a client who he represented in a patent infringement suit.…
Delaware Intellectual Property Litigation
JUDGE STARK ANALYZES AND ISSUES HIS RECOMMENDATION ON PARTY’S MOTION TO STRIKE AND DISMISS CONSISTENT WITH EXERGEN
In Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc., 2009 U.S. Dist. Lexis 118383, Magistrate Judge Stark analyzed defendant Fairchild’s motion to strike and dismiss certain counterclaims and affirmative defenses…
Delaware Intellectual Property Litigation
COURT BIFURCATES DEFENDANTS’ ANTITRUST AND PATENT MISUSE COUNTERCLAIMS FROM PLAINTIFFS’ PATENT INFRINGEMENT CLAIM
By Memorandum Order by Judge Sue Robinson dated October 1, 2009 (PDF), the United States District Court for the District of Delaware granted the motion of plaintiffs, Eurand, Inc. (“Eurand”) and Cephalon, Inc. (“Cephalon”), to sever…
Antitrust Law Blog
D.C. Circuit Overturns FTC Rambus Decision
The antitrust litigation against Rambus for failing to disclose patents to JEDEC, a standard setting body (SSO), took another twist last week. In Rambus v. FTC, No. 07-1086 (D.C. Cir.…
Chicago IP Litigation
Trading Technologies v. eSpeed: Restrictive License Agreements are not Patent Misuse
Trading Techs. Int'l, Inc. v. eSpeed, Inc., No. 04 C 5312, Slip Op. (N.D. Ill. Jan. 18, 2008) (Moran, Sen. J.).* Judge Moran denied defendants' (collectively "eSpeed") motion for judgment…