Searching Content indexed under Contracts and Commercial Law by Finnegan, Henderson, Farabow, Garrett & Dunner, LLP ordered by Published Date Descending.
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Breach Of Terms In A Patent License Agreement May Not Give Rise To Infringement Claims Unless Terms Are A Condition Of The License
An Illinois District Court ruled that breach of a patent license agreement does not automatically give rise to patent infringement claims. Instead, whether the breach gives rise to patent infringement
United States
31 Oct 2018
The Federal Circuit's Travel Sentry Case Broadens Divided Infringement Standard In A Way That Makes Method Claims More Viable In Litigation
Under this broadened standard, divided infringement may provide a viable alternative to indirect infringement.
United States
1 Oct 2018
Distribution Agreement Constitutes An "Offer For Sale" Under Pre-AIA 35 U.S.C.
Following the court's en banc decision that a contract manufacturing arrangement did not give rise to an on-sale bar, the Medicines Co. v. Hospira, Inc. appeal returned to the original Federal Circuit panel ...
United States
23 Feb 2018
Infringement Complaint Based Solely On Continued Production Of A Previously Licensed Product Fails To Meet Minimum Pleading Standards
Complaints for patent infringement must allege enough facts about the infringement of patent claims by an accused product to plausibly show the patent owner may be entitled to the relief...
United States
21 Dec 2016
Claim Vitiation Is Not An Exception To DOE
In Deere & Co. v. Bush Hog, LLC, Nos. 11-1629, -1630, -1631, the Federal Circuit vacated the district court’s construction of the term "into engagement with" and reversed the associated grant of SJ for noninfringement.
United States
4 Feb 2013
Recent Decisions In The United States: A Recurring Feature
Generally, only the owner of a patent may bring a suit for patent infringement. A licensee may bring suit, however, if the rights they have been granted are tantamount to an assignment of the patent. In order to determine whether a license agreement should be treated as an assignment, the courts look to whether the licensee has been granted "all substantial rights" in the patent.
United States
2 Feb 2007
Outsourcing R&D to India: Pitfalls to Avoid
In today's global marketplace, an increasing number of technology driven companies include R&D outsourcing as part of their business practice. Some industry sectors even consider the viability of technology outsourcing as a prerequisite to any high-impact business plan.
United States
7 Dec 2006
Developments in Asia
China’s legal framework underwent drastic changes in recent years, resulting in a much friendlier legal environment for foreign companies to enter into technology-transfer contracts with Chinese companies.
4 Aug 2006
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