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Recent U.S. Court Decisions And Developments Affecting Licensing

By John Paul and D. Brian Kacedon

Claims of Patent Infringement 1. Pleading patent infringement based on continue production of licensed products.2. Divided patent infringement based on customer software use.Standing to Sue 3. Covenants not to sue and standing to challenge patent validity.4. Retroactive patent license insufficient to cure defect in standing to sue for patent.Remedies 5. Reasonably royalty for patent infringement based on incremental value of patented features.6. Willful patent infringement claim on day of patent issuance.7. Preliminary injunctions against patent infringement -harm to licensees insufficient to show required irreparable harm.8. Limitations on total profit damages for design patent infringement.Interpretation 9. Anti-assignment provisions-distinguishing assignment of agreement versus licensed IP.10. License agreement commercialization provisions as later obstacle to license defense.Inter Partes Review 11. Patent assignor as inter partes review petitioner.12. Stay of patent infringement litigation in view of inter partes review instituted for similar patent claims.

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