By Matthew Osborne
Standing can be a tricky issue in situations where affiliated
corporate entities assign and cross-license patents amongst themselves.
In Pfizer, Inc., v. Teva Pharmaceuticals USA, Inc. , Case No. 2:10cv128, 2011 U.S. Dist. LEXIS 90021 (E.D.Va. Aug. 12, 2011) [ enhanced version...
If all the lemmings
jumped off a cliff, would you follow? Some might, but not the NBA. Helferich
Patent Licensing, LLC (HPL) has acquired licenses from some very powerful
companies, including but not limited to:
By Thomas Carey and Nancy C. Wilker, Ph.D.
As part of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), a signatory country can allow someone to produce a patented product or process without the patent owner's consent. The grounds for justifying a grant of a compulsory...
In light of the recent trend in patent cases towards
permitting discovery of patent licenses granted as part of settlement
agreements ("settlement licenses") on the grounds that such licenses
are pertinent to a reasonable royalty award for the infringement of the subject
patent, it was just...
By Peter B. Rutledge *
* Professor of Law, University of Georgia School of Law.
Excerpt from Trips and Bits: An Essay on Compulsory
Licenses, Expropriation, and International Arbitration , 13 N.C. J.L. &
Tech. On. 149 (June, 2012)
In the early 1980s, the World Bank forecast that more than
In a recent decision that continues the U.S. International Trade Commission's (ITC) evolving jurisprudence on licensing, Administrative Law Judge (ALJ) Theodore R. Essex held that a running royalty awarded in a prior district court case foreclosed relief at the ITC. 1
The complainant at the ITC...
By Nisha Patel*
The U.S. Court of Appeals for the Federal Circuit decided Medtronic v. Boston Scientific [ enhanced version available to lexis.com subscribers ] - a decision having a potentially significant effect on the patent licensing landscape because of its holding that in some situations the...
11th Amendment Immunity from DJ Action Does Not Extend to USPTO
State university technology transfer programs enjoy immunity from declaratory judgment (DJ) actions of patent invalidity/non-infringement. This is because state entities qualify for 11th amendment immunity from suits in federal district...
In MedImmune, Inc. v. Genentech, Inc., 549 U.S. 118 (2007) [ an enhanced version of this opinion is available to lexis.com subscribers ], the Supreme Court held that a patent licensee does not have to breach or terminate its licensing agreement in order to bring an action for a declaratory...