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Federal Circuit narrows patent misuse doctrine and provides guidance to patent pools

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • September 2 2010

In January of this year, we alerted clients to the potential implications of Princo Corporation v. International Trade Commission, in which the Federal Circuit, sitting en banc, would decide whether an agreement among patent pool participants not to license a competing technology constitutes patent misuse even in the absence of evidence of anticompetitive effects