Quanta Brief - Kschlax: Difference between revisions
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* I. THE PATENTEE'S ABILITY TO GRANT LIMITED LICENSES IS A RIGHT INHERENT IN THE PATENT GRANT | * I. THE PATENTEE'S ABILITY TO GRANT LIMITED LICENSES IS A RIGHT INHERENT IN THE PATENT GRANT | ||
Restricted use licenses exist but must be stated. Freedom of use prevents a patent holder from collecting twice - once in the sale and again in the use of the product. Unless a pay-per-use agreement is reached, use is free and sale is costly, only. | |||
* II. CONDITIONAL LICENSING IS A COMMON PRACTICE IN MANY INDUSTRIES | * II. CONDITIONAL LICENSING IS A COMMON PRACTICE IN MANY INDUSTRIES | ||
* III. PUBLIC POLICY FAVORS ENFORCING CONDITIONAL SALES OR LICENSES | * III. PUBLIC POLICY FAVORS ENFORCING CONDITIONAL SALES OR LICENSES | ||
Revision as of 15:24, 29 April 2011
Brief of Amicus Curiae Intellectual Property Owners Association In Support of the Respondents
- I. THE PATENTEE'S ABILITY TO GRANT LIMITED LICENSES IS A RIGHT INHERENT IN THE PATENT GRANT
Restricted use licenses exist but must be stated. Freedom of use prevents a patent holder from collecting twice - once in the sale and again in the use of the product. Unless a pay-per-use agreement is reached, use is free and sale is costly, only.
- II. CONDITIONAL LICENSING IS A COMMON PRACTICE IN MANY INDUSTRIES
- III. PUBLIC POLICY FAVORS ENFORCING CONDITIONAL SALES OR LICENSES
- IV. CONDITIONAL LICENSES ARE SUBJECT TO PATENT EXHAUSTION WHEN PAIRED WITH AN ABUSE OF PATENT RIGHTS
- A. Patent Exhaustion Applies In Cases of Antitrust Violations
- B. Patent Exhaustion Applies When a Patentee Attempts To Limit the Use of an Article to a Geographic Region
