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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

Supreme Court holds that "reverse payment" patent settlements are subject to potential antitrust condemnation, but only after full-blown rule of reason review

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • June 18 2013

In FTC v. Actavis, Inc., 570 U.S. ____ (Slip Op. June 17, 2013), the Supreme Court addressed for the first time the underlying antitrust merits of the