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In United States patent law, patent misuse is a patent holder's use of a patent to restrain trade beyond enforcing the exclusive rights that a lawfully obtained patent provides. [1] If a court finds that a patent holder committed patent misuse, the court may rule that the patent holder has lost the right to enforce the patent.
Ink, Inc. v. Ill. Tool Works, Inc., 2006 U.S. App. LEXIS 10770 (Fed. Cir. Apr. 13, 2006) Holding; A product involved in a tying arrangement is not presumed to have market power for purposes of establishing an antitrust violation by the mere fact that it is patented. Federal Circuit Court of Appeals vacated and remanded. Court membership; Chief ...
Once a patent has expired, the benefits of the invention are to be enjoyed by the public and may not be extended by trademark. Mackay Radio & Telegraph Co. v. Radio Corporation of America: 306 U.S. 618: 1939: Morton Salt Co. v. G.S. Suppiger Co. 314 U.S. 488: 1942: Patent misuse. United States v. Univis Lens Co. 316 U.S. 241: 1942
Dawson Chemical Co. v. Rohm & Haas Co., 448 U.S. 176 (1980), is a 1980 5–4 decision of the United States Supreme Court [1] limiting the patent misuse doctrine and explaining the scope of the 1952 amendment of the patent laws that resurrected the contributory infringement doctrine in the wake of the Mercoid cases. [2]
Mallinckrodt, Inc. v. Medipart, Inc., 976 F.2d 700 (Fed. Cir. 1992), [1] is a decision of the United States Court of Appeals for the Federal Circuit, in which the court appeared to overrule or drastically limit many years of U.S. Supreme Court precedent affirming the patent exhaustion doctrine, for example in Bauer & Cie. v. O'Donnell.
The court recognized that this case was different on its facts from the Supreme Court's prior tie-in patent misuse cases such as Morton Salt Co. v. G.S. Suppiger Co., in which the Court held that a patentee "may not claim protection of his grant by the courts where it is being used to subvert" patent policy. [5]
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The foundational patent misuse case Morton Salt Co. v. G.S. Suppinger, 314 U.S. 488 (1942), [3] involved an analogous situation involving the use of a patent in a manner that contradicted public policy. Such an exercise of contract constituted a misuse of one's patent by restraining an individual's constitutional privileges.