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Patent exhaustion still applies when licensees fail to pay royalties

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 30 2011

The U.S. Court of Appeals for the Federal Circuit has concluded that patent rights are exhausted even when the licensor has not received royalties under a patent license

Analogous art must address the entire problem solved by the patent

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 30 2011

The U.S. Court of Appeals for the Federal Circuit has interpreted the analogous art doctrine narrowly in an obviousness analysis, concluding that all the art relied on by the U.S. Patent and Trademark Office (USPTO) was non-analogous art with respect to the claimed invention