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To Avoid the On-Sale Bar, Patent Applicant’s “Experimental Use” Should be Unmistakable

A recent Federal Circuit opinion casts fresh light on two aspects of patent strategy: the experimental use exception to the on-sale bar to patent validity; and the role of a non-infringement legal opinion in defeating an...more

The Department of Justice Takes on the IEEE

On September 10, the antitrust division of US Department of Justice (DOJ) took the unusual step of revising a 2015 business review letter it had sent to the Institute of Electrical and Electronics Engineers (IEEE)....more

When a State University is a Reluctant Plaintiff, Can Its Licensee Sue Anyway?

Companies seeking to license patents from state universities face a special risk--sovereign immunity. The 11th Amendment to the US Constitution deprives federal courts of jurisdiction to hear complaints brought by a citizen...more

No License, No Chips: Qualcomm’s Controversial Licensing Strategy Is Not an Antitrust Violation

Qualcomm has for years dominated the market for cellphone chips. Its patented technologies have been included in many cellphone standards on the condition, common among standards setting organizations (SSOs), that Qualcomm...more

Does the Defense Production Act Provide a Safe Harbor Against Infringement Claims?

The federal government’s ability to compel manufacture of supplies under the Defense Production Act has lately been in the news. Indeed, President Trump has issued an Executive Order authorizing the Secretary of Health and...more

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