Quanta Brief - Kschlax

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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
  • 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