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Latest revision as of 05:50, 4 May 2011
Brief of Amicus Curiae Intellectual Property Owners Association In Support of the Respondents
2007 WL 4340881
- Patentee has the right to sell or lease a patent's rights
- The rights do not increase or decrease when transferred to the purchaser
- This is regardless of the type of patent, product or method
- Many businesses rely on this leasing/purchasing
- Provides reward to premote the progress of science and useful arts
- The doctrine of patent exaushtion helps prevent "Double Dipping" from the patentee
- The product and its use could both be sold, with either one being infringed by the other
- If there is no allegation of illegal conduct, the doctrine of patent exhaustion should find no application
