Quanta Brief Summary 901431048
From Bill Goodwine's Wiki
Kary Yergler
Summary of Brief Homework
Reply Brief of Petitioners
- Argues that an authorized sale exhausts the patent and ends the patentee's right under patent law to restrict the use and resale of the sold goods.
- says that LG claims the license agreement controls the "make and sell" of goods, as opposed to the "use" of goods, and the brief sees this logic as faulty.
- The brief cites many other cases to argue the point that once the pantentee sells his patented product under a license agreement, they no longer receive the same benefits of patent ownership. The brief is claiming that LG forfeited certain rights during the sell of their patent, and they should not be awarded the benefit of those forfeited patent rights.
- The brief also points out that other briefs submitted were faulty in that they did not recognize specific governing principles, especially with regards to "manufacturer's licensees" versus "purchaser's right to sell." According to this brief, that distinguishing factor forfeited more than LG apparently knew.
