Sentences with phrase «patent misuse»
"Patent misuse" is a term used to describe a situation where the owner of a patent, which is a legal protection for an invention, misuses or abuses their rights. This may occur when the patent holder extends their rights beyond what is allowed by law or uses the patent in a way that harms competition. It is a concept that aims to prevent unfair practices and maintain a balance between patent rights and public interest. Full definition
«Barnes & Noble asserts that Microsoft's conduct in connection with its «Android licensing program,» when examined as a whole, constitutes patent misuse because through this conduct Microsoft is leveraging trivial patents — patents that could otherwise easily be worked around — in order to charge licensing fees for products that do not infringe any Microsoft patents at all,» the company said in its filing.
cnet.com
The provision is invalid and the inclusion of such a term in a license may constitute patent misuse rendering the affected patent unenforceable.
We won a substantial victory for US Philips Corporation in a nearly decade - long battle to enforce its recordable / rewritable CD (CD - R / RW) patent rights when the en banc US Court of Appeals for the Federal Circuit, in Princo v. ITC, rejected arguments that Philips» licensing practices constituted patent misuse.
Barnes & Noble is asking the U.S. International Trade Commission to reconsider its decision last week to to dismiss Barnes & Noble's «patent misuse» defense in its case against Microsoft.
Essex has thrown out the patent misuse claim, leaving only the question of whether the patents are valid and have been infringed.
Back in April 2011, when Barnes & Noble first tried to play the patent misuse and «antitrust» card, I already expressed my doubts.
Barnes & Noble decided to go at Microsoft with a patent misuse defense.
We have litigated Sherman Act claims, patent misuse, and many other varieties of federal and state law claims raising cross-disciplinary issues.
In a decision with far - reaching implications for patent misuse doctrine generally, the court (1) affirmed that patent misuse is applicable only to specific anticompetitive patentee conduct; and (2) recognized that an agreement between partners to a joint venture not to compete with the venture can have legitimate and pro-competitive purposes, and therefore can be condemned only on proof of anticompetitive effects under the rule of reason.